(No. 20 of
1978) [Dated 16th June, 1978] Received
the assent of the President on the 16th June, 1978; assent first published in
the Madhya Pradesh Gazette (Extraordinary), dated the 1st July, 1978. An Act to
make provision for regulating payment of salaries to teachers and other
employees of Non-Government Schools receiving grant-in-aid from the State
Government and Non-Government Educational Institutions for Higher Education
receiving grants from the Madhya Pradesh Uchcha Shiksha Anudan Ayog and other
matters ancillary thereto. Be it
enacted by the Madhya Pradesh Legislature in the Twenty-ninth Year of the
Republic of India as follows : (1)
This Act may be called The
Madhya Pradesh Ashaskiya Shikshan Sanstha [1][Anudan
Ka Pradaya] Adhiniyam, 1978. (2)
It extends to the whole of
the State of Madhya Pradesh. (3)
It shall come into force on
such date as the State Government may, by notification, appoint. (4)
Save as otherwise provided
in this Act, it shall apply to all institutions failing under clause (e) of
Section 2. (5)
An institution to which this
Act applies under sub-section (4) shall, with respect to matters provided for
in this Act to be governed by the provisions of this Act notwithstanding
anything to the contrary contained in any contract or document or in any other
enactment for the time being in force. In this
Act, unless the context otherwise requires, (a)
"Appointed
date" means the date appointed by
notification under sub-section (3) of Section 1; (b)
"Competent
Authority" means an authority
appointed by the State Government, by notification for discharging the
functions of competent authority under this Act; [2][(c) "Education
officer" means the District Education Officer or any other
officer of the State Government or any teacher serving in the institution not
below the rank of Principal or Mead Master by whatever name called, appointed
by the State Government as such for the purposes of this Act;] (d)? "Employee" means an
employee of the institution other than a teacher [3][* * *] shown on the
pay roll of the institution against a post as being in the employment as such
but does not include an employee whose appointment is disapproved under clause
(c) of Section 6; (e) ? "Institution" means a
Non-Government School or Non-Government Educational Institution for higher
education for the time being receiving maintenance grant from the State Government
or from the Madhya Pradesh Uchcha Shiksha Anudan Ayog, as the case may be,
established, administered and managed by a society registered or deemed to be
registered under the Madhya Pradesh Society Registrikaran Adhiniyam, 1973 (No.
44 of 1973) but does not include an institution established, administered and
managed by- (i)
the Central Government; or (ii)
the State Government; or (iii)
a local authority ; or (iv)
any agency managed, controlled,
approved or sponsored by the Central Government or the State Government, as the
State Government may, by notification, specify; (v)
a non-trading corporation formed
and registered under the Madhya Pradesh Non-trading Corporation Act, 1962 (No.
20 of 1962) or deemed to have been registered thereunder; [4][(f) Grant means a grant given to the institution as may be fixed
by the State Government from time to time;] (g) ? "Management" in
relation to any institution means the governing body thereof within the meaning
of the Madhya Pradesh Society Registrikaran Adhiniyam, 1973 (No. 44 of 1973),
and the expression management of the institution shall be construed
accordingly; (h) ? "School" means
Non-Government Primary, Middle or Secondary School; [5][(i) "Teacher" means
a teacher of an institution employed in fulfilment of the conditions of
recognition/affiliation of an institution or of a new subject or a higher class
or a new Section in the existing class by the Madhya Pradesh Board of Secondary
Education or any University or the Ayog, as the case may be, and shown on the
pay roll of the institution against a post as being in the employment as such
but does not include a teacher whose appointment is disapproved under clause
(c) of Section 6.] [6][(j) "Salary" means
the salary and other allowances payable to a teacher or an employee at the rate
as may be notified by the institution;] (k) ??words and expressions
used but not defined in this Act and defined in the Madhya Pradesh Society
Registrikaran Adhiniyam, 1973 (No. 44 of 1973), the Madhya Pradesh Ashaskiya
School Viniyaman Adhiniyam, 1975 (No. 33 of 1975) or the Madhya Pradesh Uchcha
Shiksha Anudan Ayog Adhiniyam, 1973 (No. 21 of 1973), as the case may be,
shall, as the context requires, have the meanings assigned to them in the
respective said Acts. (1)
As from the appointed date,
notwithstanding any contract to the contrary, the salary of a teacher or other
employee of any institution in respect of any month or part thereof, [7][* *
*] shall be paid to him before the expiry
of the 20th day or such earlier day of the month next following the month or
part thereof as may be specified by the State Government by a general or
special order : Provided
that nothing in this Section shall apply to a teacher or an employee specified
in clause (c) of Section 6 till an order approving the appointment is passed
thereunder. (2)
The salary shall be paid
without deduction of any kind except those authorised by or under this Act or
any other law for the time being in force. The
Education Officer may at any time, for the purpose of this Act, inspect or
cause to be inspected any institution or call for such information, returns and
records (including registers, books of account and vouchers) from its
management with regard to the payment of salaries to its teachers or employees
or in respect of such ancillary matters or give to its management any direction
for the observance of such canons of financial propriety, as he thinks fit. (1)
There
shall be opened in an nationalised bank, a separate account which shall be
constituted as a separate fund for the Institution (hereinafter referred to as
the Institutional Fund) in accordance with the rules made in this behalf. (2)
The
grant as fixed by the State Government, from time to time, shall be payable to
the institution as a block grant. The grant shall be given to the institution
after furnishing by it the utilisation certificate of the previous grant
alongwith detailed audited account and annual account statement. (3)
The
management shall place at the credit of the Institutional Fund by the last day
of every month the total amount of fees recovered from the students of the
Institution. (4)
In
addition to the fee deposited under sub-section (3), the management shall place
to the credit of the Institutional Fund by the 10th of every month for payment
of salary to teachers and employees of the institution for the preceding month
such further sums as may be required to make the 1/12th of the total amount
credited under sub-section (2) together with amount credited under sub-section
(3) equivalent to 1/12th of the total salary payable to teachers and employees
of the institution with institution's contribution to the provident fund
account of those teachers and employees per annum. (5)
No
money credited to the Institutional Fund shall be applied for any purpose
except the following, namely :- (a)
payment of salaries falling due
for any period after the appointed date; (b)
credit of the institution's
contribution, if any to the provident fund accounts of the teachers and
employees.] Notwithstanding
anything contained in any law for the time being in force or any rules,
regulations, bye-laws, statutes or regulations made thereunder,- (a)
on and from the appointed date,- (i) ???no post of a teacher
or other employee shall be created [9][***] and no teacher
or other employee shall be recruited without following the procedure prescribed
in this behalf; (ii) ???the teachers or
employees shall have such qualifications and experience as may be prescribed;
and (iii) [10][no teacher or other
employee shall be dismissed or removed from service or his services terminated
except by an order passed after following such procedure as may be prescribed]: Provided
that a teacher or other employee may prefer an appeal against his dismissal,
removal or termination from service to an appellate authority as the State
Government may, by notification, specify within thirty days from the date of
receipt of the order by him and such authority may after holding such enquiry
as it may deem fit in the manner prescribed, may either set aside or confirm or
modify the said order and pending the disposal of appeal, the appellate
authority may also stay the operation of order on such grounds, as it thinks
fit; (iv) ?no teacher or other
employee shall be placed under suspension for more than ninety days without
such prior approval of the competent authority: Provided
that the competent authority shall give its approval only after holding such
enquiry and within such time as may be prescribed; (b)
the competent authority may on an
application made within thirty days from the appointed date by a teacher or an
employee of an institution, who has been dismissed or removed from service or
whose service has been terminated by the management of an institution at any
time on or after the 17th November, 1977, after giving the management of the
institution and the persons affected by such dismissal, removal or termination
a reasonable opportunity of being heard and after conducting such enquiry as it
may deem fit, declare the dismissal, removal or termination, as the case may
be, to be void and direct the management of the institution to reinstate such
teacher or employee in service; (c)
the competent authority shall
review all the cases of appointment of teachers and other employees made during
the period commencing from the 17th November, 1977 and ending on the date of
commencement of this Act and, if it, after giving the management of the
institution and the person concerned a reasonable opportunity of being heard,
finds that the appointments were made in anticipation of this Act, it may by an
order in writing for reasons to be stated therein disapprove such appointment. No suit,
prosecution or other legal proceeding shall lie against the State Government,
the Education Officer, the competent authority or any other person duly
authorised by it in respect of anything, which is in good faith done or
intended to be done in pursuance of this Act or any rule, order or direction
made or given thereunder. Notwithstanding
anything contained in the Act, the State Government may, by general or a
special order and subject to such conditions, if any, as it may deem fit to
impose, exempt any institution or class of institutions from all or any of the
provisions of this Act. Any sum
which is required to be credited by the management of any institution to the
institutional fund under [11][sub-section (3)] of
Section 5 may, if not credited to the said fund, within the period specified
therein be recovered from the management of such institution in the same manner
as an arrear of land revenue. (1)
The State Government may, by
notification, make rules for carrying out the purposes of this Act. (2)
In particular and without
prejudice to the generality of the foregoing powers, such rules may provide for
all or any of the following matters, namely :- (a)
the constitution of institutional
fund under sub-section (1) of Section 5; (b)
[12][***] (c)
the procedure to be followed in
recruitment of teachers or other employees under sub-clause (i) of clause (a)
of Section 6; (d)
the qualifications and experience
which teachers and employees shall have under sub-clause (ii) of clause (a) of
Section 6; [13][(e) (i) the procedure to be followed for passing an order under
sub-clause (iii) of clause (a) of Section 6; (ii) the manner
of holding of an enquiry under the proviso to sub-clause (iii) of clause (a) of
Section 6; (iii) the person
by whom and the manner in which institutional fund shall be operated under
sub-section (7) of Section 6.] (f) ???the manner of holding
enquiry and the time within which such enquiry shall be held under proviso to
sub-clause (iv) of clause (a) of Section 6. (3)
All rules made under this
Section shall be laid on the table of the Legislative Assembly. If any
difficulty arises in giving effect to the provisions of this Act the State
Government may, by order, not inconsistent with the provisions of this Act,
remove the difficulty : Provided
that no such order shall be made after the expiry of a period of two years from
the commencement of this Act. In its
application to the institutions to which this Act applies, the Madhya Pradesh
Society Registrikaran Adhiniyam, 1973 (No. 44 of 1973), shall be subject to the
modifications specified in the Schedule hereto annexed. The Schedule [See Section 12] Modifications
in The Madhya Pradesh Society Registrikaran Adhiniyam, 1973 1.
Insertion of new
Section 31-A. - In "Chapter
VII-Inquiry and supersession", before Section 32, the following Section
shall be deemed to be inserted, namely :- "31-A. In
this Chapter "Registrar" shall mean Education Officer within the
meaning of clause (c) of Section 2 of the Madhya Pradesh Ashaskiya Shikshan
Sanstha [14][Anudan
Ka Pradaya] Adhiniyam, 1978". 2.
Amendment of Section
33. - For clause (a) of sub-section (1) of Section 33, the
following clause shall be deemed to be substituted, namely:- (a)
Persistently makes default or is
negligent is the performance of the duties imposed on it by or under this Act,
regulations or byelaws of the society or by or under any other enactment for
the time being in force or by any lawful order passed by the State Government
or Registrar, or is unwilling to perform such duties; or". 3.
Amendment of Section
37. - To sub-section (2) of Section 37, following proviso
shall be deemed to be added, namely :- "Provided
that no Court shall take cognizance of an offence punishable under sub-section
(1) of Section 38, as substituted by Section 12 of the Madhya Pradesh Ashaskiya
Shikshan Sanstha [15][Anudan Ka
Pradaya] Adhiniyam, 1978 except upon a complaint made by such officer as
the State Government may, by notification, specify in this behalf." 4.
Amendment of Section
38. - For sub-section (1) of Section 38, the following
Section shall be deemed to be substituted, namely:- "(1) If the President, Secretary or any other person
authorised in this behalf by a resolution of the governing body of the society. (a)
fails to comply with the
provisions of Section 27; or (b)
fails to comply with any
direction given under Section 4 or with the provisions of Section 3 or Section
5 or Section 6 of the Madhya Pradesh Ashaskiya Shikshan Sanstha [16][Anudan Ka
Pradaya] Adhiniyam, 1978 he shall, on conviction be punishable- (i)
[17][* * *] with the fine which may extend to five hundred rupees
and in the case of a continuing breach with a further fine which may extend to
fifty rupees for every day after the first, during which the breach continues; (ii)
[18][* * *] [1] Substituted by Madhya Pradesh Act No. 26
of 2000 Section 2 (w.e.f. 18-8-2000) for 'Adhyapakon Tatha Anya Karrnachariyon
Ke Vetano Ka Sandaya'. [2] Substituted by Madhya Pradesh Act No. 24
of 1981 (w.e.f. 20-7-81). [3] The words 'in respect of whose
employment maintenance grant is paid by the State Government or the Ayog, as
the case may be, to the institution and', omitted by Madhya Pradesh Act No. 26
of 2000 Section 4 (w.e.f. 18-8-2000). [4] Substituted by Madhya Pradesh Act No. 26
of 2000, Section 4(ii) (w.e.f. 18-8-2000). [5] Substituted by Madhya Pradesh Act No. 26
of 2000, Section 4(ii) (w.e.f. 18-8-2000). [6] Substituted by Madhya Pradesh Act No. 26
of 2000, Section 4(ii) (w.e.f. 18-8-2000). [7] Omitted by Madhya Pradesh Act No. 24 of
1981 (w.e.f. 20-7-81). [8] Substituted by Madhya Pradesh Act No 26
of 2000, Section 5 (w.e.f. 18-8-2000). [9] The words 'except in such scale of pay
as the State Government, from time to time, determine', omitted by Madhya
Pradesh Act No. 26 of 2000, Section 6 (w.e.f. 18-8-2000). [10] Substituted by M. P. Act No. 24 of 1981
(w.e.f. 20-7-81). [11] Substituted by M. P. Act No. 24 of 1981
(w.e.f. 20-7-81). [12] Omitted by M. P. Act No. 24 of 1981
(w.e.f. 20-7-81). [13] Substituted by M. P. Act No. 24 of 1981
(w.e.f. 20-7-81). [14] Substituted by M. P. Act No. 26 of 2000,
Section 7, (w.e.f. 18-8-2000). [15] Substituted by Madhya Pradesh Act No. 26
of 2000, Section 7, (w.e.f. 18-8-2000). [16] Substituted by Madhya Pradesh Act No. 26
of 2000, Section 7, (w.e.f. 18-8-2000). [17] Omitted by Madhya Pradesh Act No. 24 of
1981 (w.e.f. 20-7-81). [18] Omitted by Madhya Pradesh Act No. 24 of
1981 (w.e.f. 20-7-81).Madhya Pradesh Ashaskiya Shikshan Sanstha (Anudan Ka
Pradaya) Adhiniyam, 1978