[M.P.
Act No. 13 of 1998] [23rd May, 1998] Received the
assent of the Governor on 23rd May, 1998, assent first published in M.P.
Gazette (Extraordinary), dated 11th June, 1998. An Act to
establish and incorporate a University of Technology for the purpose of
ensuring systematic, efficient and qualitative education in engineering and
technological subjects including Architecture and Pharmacy at Degree and
Diploma level and to provide for matters connected therewith or incidental
thereto. Be it enacted by
the Madhya Pradesh Legislature in the Forty-ninth year of the Republic of India
as follows : CHAPTER
I Preliminary (1)
The Act may be
called the Rajiv Gandhi Proudyogiki Vishwavidyalaya Adhiniyam, 1998. (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. In this Act,
unless the context otherwise requires- (i)
"Vishwavidyalaya" means
the Rajiv Gandhi Proudyogiki Vishwavidyalaya; (ii)
"Executive
Council" means the Executive Council of the Vishwavidyalaya; (iii) "Academic Council" means the
Academic Council of the Vishwavidyalaya; (iv)
"Faculty" means
Faculty of the Vishwavidyalaya; (v)
"Board of
Studies" means the Board of Studies of the Vishwavidyalaya; (vi)
"Kuladhipati" means
the Kuladhipati of the Vishwavidyalaya; (vii) "Kulpati" means the Kulpati of
the Vishwavidyalaya; (viii) "School of Studies" means an
Institution maintained by the Vishwavidyalaya as a place of higher learning and
research; (ix)
"Department" means
a Department of studies and includes a Centre of Studies; (x)
"College or
Polytechnic" means an Institution maintained by, or admitted to the
privileges of the Vishwavidyalaya by or under the provisions of this Act; (xi)
"Autonomous
College or Polytechnic" means an Institution declared as Autonomous
Institution by the Executive Council in accordance with the provisions of this
Act; (xii) "Affiliated College or
Polytechnic" means an Institution admitted to the privileges of the
Vishwavidyalaya in accordance with the provisions of this Act and the Statutes; (xiii) "Principal" means the head of
the College or Polytechnic and includes, where there is no Principal, the
person for the time being duly appointed to act as Principal; (xiv) "Head of a Vishwavidyalaya
Department" means the head of the Teaching department maintained by
the Vishwavidyalaya for imparting instructions to the students of the
Vishwavidyalaya and includes the Director or Principal of any college or
institute maintained by the Vishwavidyalaya for the promotion of research or
for imparting instructions to the students; (xv)
"Head of College
or Polytechnic Department" means the head of any department of a
College or Polytechnic; (xvi) "Teachers of the
Vishwavidyalaya" means Professors, Readers, Lecturers and such other
persons as may be appointed for imparting instructions of conducting research,
with the approval of the Academic Council in the Vishwavidyalaya or any
College, Polytechnic or any Institution maintained or recognised by the
Vishwavidyalaya; (xvii) "Persons connected with the
Vishwavidyalaya" means an employee of the Vishwavidyalaya or a
College or a Polytechnic or a member of any authority or body of the
Vishwavidyalaya or of the Management of the College or Polytechnic; (xviii) "Employee" means any person
appointed by the Vishwavidyalaya and includes teachers and other staff of the
Vishwavidyalaya; (xix) "Statutes, Ordinances and
Regulations" means the Statutes, Ordinances and Regulations of the
Vishwavidyalaya; (xx)
"University
Grants Commission" means the University Grants Commission established
under the University Grants Commission Act, 1956 (No. 3 of 1956); (xxi) "Hostels" means a unit of
residence or of corporate life for the students of the Vishwavidyalaya, or of a
college or of an Institution provided, maintained or recognised by the
Vishwavidyalaya; (xxii) "Registered graduate or diploma
holder" means a graduate or diploma holder registered or deemed to be
registered under the provisions of this Act; (xxiii) "Scheduled Castes" means the
Scheduled Castes as specified in relation to this State under Article 341 of
the Constitution of India; (xxiv) "Scheduled Tribes" means the
Scheduled Tribes as specified in relation to this State under Article 342 of
the Constitution of India; (xxv)"Other Backward Classes" means
the Other Backward Classes as specified by the State Government vide
Notification No. F-85-XXV-4-84, dated the 26th December, 1984 as amended from
time to time; (xxvi) "Vidhan Sabha" means Madhya
Pradesh Vidhan Sabha; (xxvii) "Vyapam" means Vyavasayik
Pariksha Mandal, Madhya Pradesh, Bhopal; (xxviii) "Board" means Madhya Pradesh
Board of Technical Education; (xxix) "Court" means the Court of the
Vishwavidyalaya; (xxx)"All India Council for Technical
Education" means the All India Council for Technical Education
established under the All India Council for Technical Education Act, 1987 (No.
52 of 1987). CHAPTER
II The Vishwavidyalaya (1)
The Kuladhipati
and the first Kulpati of the Vishwavidyalaya and the first members of the
Court, Executive Council and of the Academic Council thereof shall constitute
the Vishwavidyalaya and the Vishwavidyalaya so constituted shall be a body
corporate by the name of the Rajiv Gandhi Proudyogiki Vishwavidyalaya. (2)
The
Vishwavidyalaya 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 Vishwavidyalaya 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 purposes of the Vishwavidyalaya and to
contract and do all other things necessary for purpose of this Act. (4)
The headquarters
of the Vishwavidyalaya shall be at Bhopal. The
Vishwavidyalaya shall inter alia have the following main objectives
:- (a)
to provide a
system of Technical Education capable of responding to the changing
requirements of technical manpower; (b)
to bring about
qualitative improvement in teaching and learning process; (c)
to provide
congenial environment for Consultancy, Continuing education and Research and
Development activities; (d)
to develop strong
links with industry for mutual benefits; (e)
to provide
necessary help to the Institutions to encourage enterpreneurship amongst
students; (f)
to maintain live
contract with alumni and develop alumni sponsored programmes. Subject to the
provisions of this Act, the Vishwavidyalaya shall have the following powers,
namely :- (1)
to provide for
instructions in such branches of learning as the Vishwavidyalaya may, from time
to time, determine and to make provision for research and for the advancement
and dissemination of knowledge; (2)
to provide
instruction including correspondence and such other courses to such person as
are not members of the Vishwavidyalaya as it may determine : Provided
that the Vishwavidyalaya shall not provide instructions through correspondence
save with the previous sanction of the State Government; (3)
to organise
laboratories, libraries, museums and other equipment for teaching and research; (4)
to estabiish,
maintain and manage colleges, polytechnics teaching departments, schools of
studies, centres of studies, hostels and guest houses; (5)
(a) to institute
Professorships, Readerships, Lecturerships and any other academic or teaching
posts required by the Vishwavidyalaya and to appoint persons to such posts in
accordance with the provisions of this Act; (b)
to appoint persons working in any other University or orgnisation as teachers
of the Vishwavidyalaya for a specified period; (6)
to recognise
teachers as qualified to give instructions in Institutions; (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 Vishwavidyalaya 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 or
diploma of the Vishwavidyalaya unless such person, if he had offered a subject
for such examination for which a course of practical work is prescribed, has
completed such work in a college or polytechnic of the Vishwavidyalaya and
produces a certificate of such completion from the Head of the Teaching
Department or School of Studies or the Principal of the College or Polytechnic; (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 Vishwavidyalaya, as the
Vishwavidyalaya may determine; (15)
to admit to its
privileges Colleges or Polytechnics not maintained by the Vishwavidyalaya, to
withdraw all or any of these privileges and to take over the management of
College or Polytechnics in the manner and under conditions prescribed by the
Statutes or the Ordinances; (16)
to declare a
Teaching Department of the Vishwavidyalaya, School of Studies, or Colleges or
Polytechnics as Autonomous Colleges or Polytechnics : Provided
that the extent of the autonomy which such teaching department of the
Vishwavidyalaya, School of Studies or Colleges or Polytechnics 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 conduct,
co-ordinate, regulate and control teaching and research work in the Colleges or
Polytechnics recognised by the Vishwavidyalaya; (18)
to recognise
hostels not maintained by the Vishwavidyalaya and withdraw any such recognition
in the manner prescribed in the Statutes and the Ordinances; (19)
to inspect College
or Polytechnics or 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 interests of the weaker sections of the people
and, in particular of the Scheduled Castes, the Scheduled Tribes, and the Other
Backward Classes; (21)
to provide to the
teachers and alumni of the Vishwavidyalaya facilities of refresher and
vocational courses; (22)
to co-operate and
collaborate with other Universities and authorities in such manner and for such
purposes as the Vishwavidyalaya may determine; (23)
to make provisions
for- (a)
Extra-mural
teaching and extension service; (b)
Correspondence
Course; (c)
Sports and
athletic activities; (d)
Social service
scheme; (e)
National Cadet
Corps; (f)
Students Union; (24)
to provide for
training for competitive examinations for service under the Union or the State
Government and such other training as may contribute to national development. (25)
to institute and
manage- (a)
Information
Bureau; (b)
Employment Bureau; (c)
Printing and Publication
Department; (26)
to supervise and
control the residence, conduct and discipline of students of the
Vishwavidyalaya and to make arrangements of promoting their health and general
welfare; (27)
to demand and
receive payment of such fees and other charges which may be prescribed by the
Ordinances; (28)
to prescribe and
control the fees and other charges which may be received or recovered by
colleges; (29)
to create
administrative, ministerial and other necessary posts and to make appointments
thereto; (30)
to exercise
control over the salaried officers, teachers and other employees of the
Vishwavidyalaya in accordance with the Statutes and the Ordinances; (31)
to hold and manage
trusts and endowments and to institute and award fellowships, scholarships,
exhibitions, bursaries, medals and others awards; (32)
to receive
donations and grants and to invest funds in accordance with provisions of this
Act; (33)
with the prior
approval of the State Government to borrow on the security of Vishwavidyalaya
property on money for the purposes of the Vishwavidyalaya; (34)
to determine
standards for admission to the Vishwavidyalaya which may include examination,
evaluation or any other method of testing wherever lists of selected candidates
are not provided by the "VYAPAM"; (35)
to make special
arrangements in respect of women students as the Vishwavidyalaya may consider
desirable; (36)
to make
arrangements for promoting the health and general welfare of the employees; (37)
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 Vishwavidyalaya. (1)
The Jurisdiction
of the Vishwavidyalaya shall extend to the whole of the State of Madhya Pradesh
: [1][Provided also that the State Government may,
in accordance with the rules framed in this behalf, permit the Vishwavidyalaya,
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, any College or
Polytechnic or Institution imparting education in Engineering and technological
subjects including Architecture and Pharmacy and situated within the limits of
the area specified under sub-section (1) shall, with effect from such date as
may be notified in this behalf by the State Government, be deemed to be
associated with and admitted to the privileges of the Vishwavidyalaya and shall
cease to be associated with other University or Board in the manner prescribed
by Statute or Regulation. (3)
Nothing contained
in this section shall apply in case of- (a)
the Colleges or
Polytechnics or Institutions which have not been approved by the All India
Council for Technical Education and the Government of Madhya Pradesh; (b)
the Colleges or
Polytechnics or Institutions imparting instructions exclusively in Agriculture
and allied sciences and admitted or deemed to be admitted to the privileges of
Agricultural Universities of the State; (c)
teaching
department of any University already engaged in teaching engineering and
technological subjects including Architecture and Pharmacy. (4)
The Research and
Development work being carried out in Colleges or Polytechnics or Institutions
which have been admitted to the privileges of the Vishwavidyalaya shall be
co-ordinated and integrated into the activities of the Vishwavidyalaya with
effect from such date or dates as may be fixed by the mutual consent of the
Vishwavidyalaya and concerned Colleges or Polytechnics or Institutions. It shall not be
lawful for the Vishwavidyalaya to impose any test or condition whatsoever
relating to religion, caste, sex, place of birth or other opinion in order to
entitle any person- (a)
to hold any office
in the Vishwavidyalaya; or (b)
to be a member of
any authority of the Vishwavidyalaya; or (c)
to be appointed or
admitted as a teacher; or (d)
to be admitted to
any degree, diploma or other academic distinctions or course of study or to
qualify for any degree, diploma or other academic distinction; or (e)
to enjoy or
exercise any privileges of the Vishwavidyalaya or benefit thereto; or (f)
to donate funds
for creation of endowment : Provided that the
Vishwavidyalaya may subject to the previous sanction of the State Government,
maintain any College or Polytechnic or Institution exclusively for women either
for education, instruction or residence or reserve for women or members of
Scheduled Castes or Scheduled Tribes or Other Backwards Classes seats for the
purposes of admission as students in any College or Polytechnic or Institution
maintained or controlled by the Vishwavidyalaya : Provided further
that nothing in this Section shall be deemed to require the Vishwavidyalaya to
admit to any course of study students larger in number than, or with academic
or other qualifications lower than those prescribed in the Statutes or
Ordinances. All recognised
teaching in the University Course, the authorities responsible for organising
such teaching and curriculum shall be such as may be prescribed by Statutes,
Ordinances or Regulations, as the case may be. (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 Vishwavidyalaya, its building, laboratories, museums, workshops and
equipment and of any College or Polytechnic or Institution maintained by the
Vishwavidyalaya or admitted to its privileges, and also of the Examinations,
leaching and other work conducted or done by the Vishwavidyalaya and cause an
inquiry to be made in like manner in respect of any matter connected with the
administration or finances of the Vishwavidyalaya Colleges or Polytechnics 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 Vishwavidyalaya,
if such inspection or inquiry is to be made in respect of the Vishwavidyalaya
College or Polytechnic or Institution maintained by it; (b)
to the management
of the College or Polytechnic or Institution if the inspection or inquiry is to
be made in respect of a College or Polytechnic or Institution admitted to the
Privileges of the Vishwavidyalaya and the Vishwavidyalaya 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 Vishwavidyalaya 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 the State Government. (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 lake upon the result of such inspection or inquiry and such report shall
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 the 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 with. CHAPTER
III Officers of the Vishwavidyalaya The following
shall be the officers of the Vishwavidyalaya, namely :- (i)
the Kuladhipati; (ii)
the Kulpati; (iii) the Rector; (iv)
the Deans of the
Faculties; (v)
the Registrar; (vi)
the Dean of
Students' Welfare; and (vii) such other officers in the service of the
Vishwavidyalaya as may be declared by the Statutes to be officers of the
Vishwavidyalaya. (1)
The Governor of
Madhya Pradesh shall be the Kuladhipati of the Vishwavidyalaya. (2)
The Kuladhipati
shall by virtue of his office, be the Head of the Vishwavidyalaya and the
President of the Court and shall when present preside at the meetings of the
Court or at any convocation of the Vishwavidyalaya. (3)
The Kuladhipati
may- (a)
call for any
papers or information relating to the affairs of the Vishwavidyalaya; and (b)
for reasons, to be
recorded, refer any matter except a matter falling under Section 55 for
reconsideration to any officer or authority of the Vishwavidyalaya, that has
previously considered such matter. (4)
The Kuladhipati
may, by an order in writing, annul- (a)
any proceedings of
any officer, authority, committee or body of the Vishwavidyalaya constituted by
or under this Act, which is not in conformity with this Act, Statutes,
Ordinances or 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 14, if he is satisfied that such
proceedings are prejudicial to the interest of the Vishwavidyalaya : Provided that
before making such order he shall call upon the office, 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. (5)
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 Vishwavidyalaya and the order so made shall be final. (6)
Every proposal to
confer an honorary degree shall be subject to the confirmation of the
Kuladhipati. (7)
The Kuladhipati
shall exercise such powers as may be conferred on him by or under this Act. (1)
The Kulpati shall
be appointed by the Kuladhipati from a panel of not less than three
distinguished persons in the field of technical education 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 : Provided further
that the first Kulpati 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; (ii)
One person
nominated by the Chairman of the All India Council of Technical Education. (iii) One person nominated by the Kuladhipati. The Kuladhipati
shall appoint one of the three persons to be the Chairman of the Committee. (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 All India Council of Technical Education 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 communications 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 Vishwavidyalaya 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. (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 Vishwavidyalaya 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
constituted 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. (1)
The Kulpati shall
be a whole-time salaried officer of the Vishwavidyalaya 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 : 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. (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 interest of the Vishwavidyalaya; or (iii) is capable of managing the affairs of the
Vishwavidyalaya, (the Kuladhipati) may notwithstanding the fact that the term
of office of the Kulpati has not expired by an order, in writing, stating the
reasons therein, require the Kulpati or 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 relinquished the office and the office of the Kulpati shall fall vacant. (6)
In the event of
the occurrence of any vacancy including a temporary vacancy 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 Rector is not available, the
Dean of any faculty 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 12 enters or re-enters, as the case may be, upon
office : Provided that the
arrangement contemplated in this sub-section shall not continue for a period of
more than six months. (1)
The Kulpati shall
be the principal administrative and Academic Officer of the Vishwavidyalaya. He
shall be an ex officio member and Chairman of the Executive Council
and the Academic Council, and Chairman of such other authorities, committees
and bodies of the Vishwavidyalaya 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 Vishwavidyalaya, but shall not be entitled to voted 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 Executive Council, the Academic
Council and of such other authorities, committees and bodies of the
Vishwavidyalaya of which he is the Chairman. He may delegate this power to any
other officer of the Vishwavidyalaya. (4)
If in the opinion
of the Kulpati any emergency has arisen which requires immediate action to be
taken, the Kulpati shall take such action as he deems necessary and shall, at
the earlier 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 Vishwavidyalaya 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 Vishwavidyalaya, 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 : Provided also that
this power shall not extend to matters regarding amendment in the Ordinances,
Statutes, Regulations or any matter relating to appointments. (5)
On receipt of a
report under sub-section (4) if the authority, committee or body concerned does
not approve the action taken by the Kulpati it shall refer the matter to the
Kuladhipati whose decision 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 under-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
Vishwavidyalaya is likely to be prejudicial to the interest of the
Vishwavidyalaya, he shall record his reason and refer the matter to the
Kuladhipati and also inform the authority, committed or other body concerned
shall not be given effect to till the matter is decided by the Kuladhipati
under sub-section (4) of Section 11. (8)
The Kulpati shall
exercise general control over the affairs of the Vishwavidyalaya ans shall give
effect to the decisions of the authorities of the Vishwavidyalaya. (9)
The Kulpati shall
exercise such other powers as may be prescribed by the Statutes, Ordinances and
Regulations. It shall be the
duty of the first Kulpati of the Vishwavidyalaya to Constitute Court Executive
Council, Academic Council and Other Authorities of the Vishwavidyalaya within a
period of two years from the date of establishment of the Vishwavidyalaya and
till the said authorities are constituted, the Kulpati shall be deemed to be
the 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 and an administrative expert to aid and advise the Kulpati in the
exercise of his powers and performance of functions in lieu of each such
authority. (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 Vishwavidyalaya. (3)
Subject to the
provisions of this Act, the term of office, conditions of service and
emoluments of the Rector shall be 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. Section [2][17. Recruitment through Technical
Education Service The
post of Registrar and such other cadres or other officers shall be filled from
the officers of the Madhya Pradesh Technical Education (Gazetted) Service. In
case of non-availability of such officers, the post shall be filled in by the
Kuladhipati by securing the services of suitable officers on deputation.] (1)
The Registrar
shall be a whole-time salaried officer of the Vishwavidyalaya 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 Section 17 : Provided that the
first Registrar of the Vishwavidyalaya 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. (3)
Subject to the
powers of the Executive Council the Registrar shall, unless otherwise provided
in the Statutes, he responsible for seeing that all moneys are expended for the
purpose for which they are granted or allotted. (4)
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
Vishwavidyalaya. (5)
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. (1)
The Dean of
Students' Welfare shall be appointed by the Executive Council on the
recommendation of the Kulpati. (2)
The Dean appointed
under sub-section (1) shall be a whole-time salaried officer : Provided that the
Executive Council may, if it considered necessary, appoint, on the
recommendation of the Kulpati, a teacher, not below the rank of a Reader for a
period of three years to discharge the duties of the Dean of Students' Welfare,
in addition to his duties as such teachers, 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 duties and powers of the Dean of Students' Welfare
shall be prescribed by the Statutes. The Appointment of
other employees of the Vishwavidyalaya not covered by Section 17 shall be made
in such manner and the conditions of their service shall be such as may be
prescribed by the Statutes, Ordinances and Regulations. CHAPTER
IV Authorities of The Vishwavidyalaya The following
shall be the authorities of the Vishwavidyalaya, namely :- (i)
the Court; (ii)
the Executive
Council; (iii) the Finance Committee; (iv)
the Academic
Council; (v)
the Faculties; (vi)
the Board of Studies; (vii) the Academic Planning and Evaluation Board; (viii) such other authorities as may be declared by
the statutes to be the authorities of the Vishwavidyalaya. (1)
The Court shall
consist of the following, persons namely :- Group - A (i)
the Kuladhipati; (ii)
the Kulpati; (iii) the Rector; (iv)
the Dean of
Faculties; (v)
the Secretary in
charge of the Manpower Planning Department of the Government of Madhya Pradesh; (vi)
the Commissioner
of Higher Education, Madhya Pradesh; (vii) the Director of Technical Education, Madhya
Pradesh; (viii) Chairman of the Madhya Pradesh Board of
Secondary Education; (ix)
Chairman of the
VYAPAM; (x)
one nominee of the
All India Council for Technical Education; (xi)
Director,
Technical Teachers Training Institute, Bhopal; (xii) Dean of Students' Welfare. Group - B (xiii) One Professor, one Reader and one Lecturer
from Vishwavidyalaya Teaching Department/School of Studies/ Centres of Studies
to be elected from amongst themselves in the manner prescribed by the Statute; (xiv) One Principal, one Professor, one Reader and
one Lecturer from affiliated colleges to be elected from amongst themselves in
the manner prescribed by the statute; (xv)
Two Principals,
two Heads of Department and two Lecturers from affiliated Polytechnics to be
elected from amongst themselves in the manner prescribed by the Statute. Group - C (xvi) Director General, Madhya Pradesh Council of
Science and Technology, Bhopal; (xvii) Director, Regional Research Laboratory
Council for Scientific and Industrial Research, Bhopal; (xviii) Chairman, Institution of Engineers (India)
Madhya Pradesh State Centre, Bhopal; (xix) Three Deans of Faculty of Engineering to be
nominated by the Kuladhipati; (xx)
Two members of the
Vidhan Sabha to be elected by the Vidhan Sabha; (xxi) Three representatives to be elected by the
registered graduates of the Vishwavidyalaya from amongst themselves; (xxii) Every donor donating [3][ten
lakh rupees] or more to the Vishwavidyalaya; (xxiii) Two representatives of the Associations of
Commerce and Industries to be nominated by the State Government; (xxiv) One representative from the salaried
non-teaching employees of the Vishwavidyalaya elected from amongst themselves
in the manner prescribed by the Statutes. Group - D (xxv)Two students elected by the student members
of the Board of studies from amongst themselves; (xxvi) Two students to be elected from amongst
themselves by students who in the academic session immediately proceeding the
election have been members of teams of the Vishwavidyalaya participating in the
University tournaments. Group - E (xxvii) Such members of the Executive Council who are
not members under any of the foregoing groups- Explanation. - (i) No person
shall be eligible to become a member of the Court under more than one time. (ii)
Not more than one person shall be nominated from any Vishwavidyalaya Teaching
Department, School of Studies or College under any one item of Group B. (iii)
For the purposes of Group D, Student shall means a person who- (a)
is receiving
instructions or carrying on research in any of the Colleges or Vishwavidyalaya
Teaching Department or School of Studies or any other institution of the
Vishwavidyalaya under the terms and conditions laid down in the Ordinances; and (b)
has passed his
class 12th examination of 10+2 scheme not earlier than six years before the
opening date of the academic session in which he seeks election. Further, he
has passed each of the examinations from 12th onwards in single attempt. (2)
The terms of office
of members elected under Group-D of sub-section (1) shall be one year. (3)
The terms 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 clause (xxi) of sub-section (1) shall be a member of the Court for
7 years from the date the donation is accepted by the Vishwavidyalaya 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. (1)
The Court shall
meet at least once in a calendar year and at such intervals as may be
prescribed by the Statutes. (2)
One third of the
members of the Court shall form the quorum. Subject to the
provisions of this Act, the Court shall exercise the following powers and
perform the following duties, namely :- (i)
to act as an
advisory body in all matters relating to the Vishwavidyalaya; (ii)
to review from
time to time the broad policies and programmes of Vishwavidyalaya; (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 Vishwavidyalaya; (v)
to confer on the
recommendation of the Executive Council honorary degrees and other academic
distinctions; (vi)
to review the acts
of the other authorities of the Vishwavidyalaya save when such authorities have
acted in accordance with the powers conferred upon them by this Act, the
Statutes and the Ordinances; (vii) to exercise such other powers and perform
such other duties as may be conferred or imposed upon it by this Act and the
Statutes. (1)
The Executive
Council shall be the Executive body of the Vishwavidyalaya and shall consist of
the following, namely :- (i) The Kulpati; Chairman (ii) The Secretary incharge-of Manpower Planning Department,
Government of Madhya Pradesh; Member (iii) The Secretary incharge of Finance Department,
Government of Madhya Pradesh; Member (iv) Chairman of the VYAPAM; Member (v) Secretary incharge of Higher Education Department, Government
of Madhya Pradesh; Member (vi) four principals of affiliated colleges or polytechnics
or institutions to be nominated by the Kuladhipati by rotation, according to
seniority; Member (vii) all Dean of Faculties; Member (viii) two Professors from the Vishwavidyalaya teaching
departments/affiliated Colleges or Institutions to be nominated by the
Kuladhipati, by rotation, according to seniority; Member (ix) two Heads of Department from affiliated polytechnics to
be nominated by the Kuladhipati, by rotation according to seniority; Member (x) Director, Technical Education, Madhya Pradesh; Member (xi) The Chairman All India Council for Technical Educations
Central Region Committee, Bhopal; Member (xii) two known industrialists with technical and managerial
experience to be nominated by the Kuladhipati; Member (xiii) an educationist in the field of technical education
from any national technical institution to be nominated by the Kuladhipati; Member [4][(xiii-a) three persons nominated by the Member Kuladhipati
amongst whom one each shall be a person belonging to Scheduled Castes,
Scheduled Tribes and General Category out of these three persons one shall be
a woman]; Member (xiv) Registrar; Member/Secretary. (2)
The members of the
Executive Council other than ex officio members shall hold office for
a period of three years. (3)
One third of the
members of the Executive Council shall form the quorum : Provided that no
quorum shall be necessary for adjourned meeting. (1)
Subject to the
provisions of this Act, and the Statutes, Ordinances and Regulations made
thereunder, the Executive Council shall be the Supreme authority and shall have
the following powers and perform the following duties namely :- (i)
to hold, control
and administer the property and funds of the Vishwavidyalaya; (ii)
to administer the
funds placed at the disposal of the Vishwavidyalaya for specific purposes; (iii) to adopt the annual accounts together with
the audit report; (iv)
to prepare the
annual financial estimates of the Vishwavidyalaya and to place them before the
Court for its consideration; (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 Vishwavidyalaya 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 budged 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 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
Vishwavidyalaya : Provided
that funds shall not be borrowed on the security of Vishwavidyalaya property
without the prior approval of the Manpower Planning Department, Government of
Madhya Pradesh; (viii) to transfer any movable or immovable property
on behalf of the Vishwavidyalaya : Provided
that no immovable property of the Vishwavidyalaya shall, except with the prior
sanction of the State Government be transferred by way of mortgages, sale,
exchange, gift or otherwise; (ix)
to enter into,
vary, carry out and cancel contracts on behalf of the Vishwavidyalaya in the
exercise or 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
Vishwavidyalaya; (xi)
to lay before the
Manpower Planning Department of Government of Madhya Pradesh annually a full
statement of the financial requirements of all Colleges and hostels; (xii) to admit Colleges or Polytechnics to the
privileges of the Vishwavidyalaya on the recommendation of the Academic Council
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 or Polytechnic in
the manner and under conditions prescribed by the Statutes and Ordinances; (xiii) to declare Teaching Department of the
Vishwavidyalaya, Schools of Studies or Colleges or Polytechnic as autonomous
College or Polytechnic : Provided
that the extent of autonomy which each such Teaching Department of the
Vishwavidyalaya, School of Studies or Colleges or Polytechnics may have and the
matters in relation to which it may exercise such autonomy, shall be such as
may be prescribed by the Statutes; (xiv) to make provision for building, premises,
furniture, apparatus, books and others means needed for carrying on the works
of the Vishwavidyalaya; (xv)
to accept on
behalf of the Vishwavidyalaya, trusts, bequests, donations and transfers of any
movable or immovable property to the Vishwavidyalaya; (xvi) to manage and regulate the finances, accounts
and investments of the Vishwavidyalaya; (xvii) to institute and manage : (a)
a Printing and
Publication Bureau; (b)
an Information
Bureau; (c)
an Employment
Bureau; (xviii) to make provisions for; (a)
(i) Extra-mural
teaching and research; (ii)
Vishwavidyalaya Extension Activities; (iii)
Correspondence courses; (b)
Students' Union; (c)
Students' Welfare; (d)
Sports and
athletic activities; (e)
Social Service
Scheme; and (f)
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, 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 Manpower
Planning Department of Government of Madhya Pradesh; (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, Lecturerships, or other teaching posts in the Vishwavidyalaya; (xxiii) to establish, maintain and manage Colleges or
Polytechnics teaching Departments institutions of research of specialised
studies, laboratories, libraries, museums and hostels; (xxiv) to recognize hostels and to provide housing
accommodation for teachers of the Vishwavidyalaya; (xxv)to arrange for and direct the inspections of
affiliated colleges, recognised institutions, Polytechnics and hostels 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 such 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 and Polytechnics; (xxvii) to call for reports, returns and other information
from affiliated colleges, recognised institutions or polytechnics or hostels; (xxviii) to supervise and control the admission,
residence, conduct and discipline of the students of the Vishwavidyalaya and to
make arrangements for promoting their health and general welfare; (xxix) to recommend to the Kuladhipati the
conferment of Honorary degree and academic distinctions in the manner
prescribed by the Statutes; (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 Vishwavidyalaya, to define their duties and the
conditions of their service and to provide for the filling up of temporary
vacancies; (xxxiii) to regulate and enforce discipline among
members of the teaching, administrative and ministerial staff of the Vishwavidyalaya
in accordance with the Statutes and Ordinances; (xxxiv) to recognise a member of the staff of an
affiliated or recognised institution as a teacher of the Vishwavidyalaya and
withdraw such recognition; (xxxv) to fix remuneration of examiners and to arrange
for the conduct of and for publishing the results of the Vishwavidyalaya
examinations and other tests; (xxxvi) to cancel examinations in the event of
malpractices, partially or wholly, and to take action against any person 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 Vishwavidyalaya, including
candidates for any examination; (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, regulations 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 Vishwavidyalaya
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 Vishwavidyalaya or a
Committee appointed by it as it may deem fit. (1)
The Kuladhipati
shall constitute a Finance Committee for the Vishwavidyalaya consisting of the
following members, namely :- (i)
Kulpati; (ii)
Registrar of the
Vishwavidyalaya; (iii) Finance Officer of the Vishwavidyalaya; (iv)
Secretary incharge
of Manpower Planning Department, Government of Madhya Pradesh or his nominee
not below the rank of Deputy Secretary; (v)
Secretary incharge
of Finance Department, Government of Madhya Pradesh or his nominee not below
the rank of Deputy Secretary. (2)
The Finance
Committee shall control the Finances of the Vishwavidyalaya. (3)
Subject to the provisions
of this Act and the Statute, 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 Vishwavidyalaya; (b)
to prepare the
Annual Financial Estimates of Vishwavidyalaya before the commencement of the
financial year and place it before 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
Vishwavidyalaya; (d)
to get the annual
accounts and the annual audit of the Vishwavidyalaya completed in time and, in
the light of the report, order appropriate directions. (4)
Three members
shall form the quorum out of which presence of Kulpati and one member cither
from clause (iv) or (v) of sub-section (1) shall be essential. (1)
The Academic
Council shall be the Academic body of the Vishwavidyalaya consisting of the
following members, namely :- (i)
Kulpati; (ii)
Rector; (iii) Director, Technical Education, Madhya
Pradesh; (iv)
Chairman, Madhya
Pradesh Board of Secondary' Education; (v)
Dean of Faculties; (vi)
Chairman of Board
of Studies; (vii) Heads of the Departments of the
Vishwavidyalaya; (viii) Four Principals, two from affiliated Colleges
and two from affiliated Polytechnics to be nominated by the Kulpati, by
rotation, according to seniority; (ix)
Two Professors
from affiliated colleges of the Vishwavidyalaya to be nominated by the Kulpati;
by rotation, according to seniority; (x)
Two Readers from
the Vishwavidyalaya Teaching Departments amongst whom one shall be a lady
teacher nominated by Kulpati, by rotation, according to seniority; (xi)
Registrar of
Vishwavidyalaya. Member Secretary. (2)
One-third of the
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 to in sub-section (3) shall hold office for a term of three years. (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 Vishwavidyalaya and to
give directions regarding methods of instruction, co-operative teaching among
colleges and polytechnics maintained by or admitted to the privileges of the
Vishwavidyalaya, valuation 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; (iii) (a) to make proposals for allocating
departments to the Board of Studies; (b)
to assign fellows and its own members to the faculty; (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 Vishwavidyalaya : Provided
that no such application shall be considered unless the institution has been
approved by the All India Council for Technical Education and the State
Government. (vi)
to prescribe
qualifications for recognition of persons as teachers of the Vishwavidyalaya
and to accord such recognition; (vii) to make arrangement for the conduct of
examinations and to appoint result committees or other persons or both, as it
thinks fit, to prepare the result of examinations and report such result 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. (1)
The
Vishwavidyalaya shall have one or more faculties as may be prescribed by the
Statutes. (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 Vishwavidyalaya Teaching Departments
or Schools of Studies or College Professors who are teachers in the said
subject : Provided that if
there is no Professor of the Vishwavidyalaya Teaching Departments or Schools of
Studies teaching the said subject, the Dean shall be appointed from amongst the
Professors of affiliated colleges who are teachers in the said subject. (5)
The Dean shall be
the Chairman of the Faculty and shall be responsible for the due observances of
the Statutes, the Ordinances and the Regulations relating to the Faculty and
for the conduct and maintenance of standards of the 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. (1)
There shall be a
Board of Studies for every subject or group of subject for degree course as
prescribed by the Statutes. (2)
Each Board shall
consist of such persons as may be prescribed by the Statutes. The Board of
Studies shall have such powers and perform such functions as may be prescribed
by the Statutes. (1)
The Academic
Planning and Evaluation Board shall consist of the following members, namely :- (i)
The
Kulpati ex-officio Chairman; (ii)
The Rector; (iii) Dean of Faculties; (iv)
Three Heads of
Vishwavidyalaya Departments and Schools of Studies nominated by Kulpati; (v)
Three College
Professors nominated by the Kulpati; (vi)
Three scholars of
repute not connected with the Vishwavidyalaya; (vii) Three Heads of Departments nominated by the
Kulpati; (viii) Two representatives of Industry nominated by
the Kuladhipati. (2)
One-third of the
members of the Board shall form a quorum. (3)
The terms 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 :- (i)
to prepare the
short-term and long-term plan of the Vishwavidyalaya; (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; (iii) to suggest new academic programmes of the
Faculties and to do academic evaluation of affiliated colleges and polytechnics
of the Vishwavidyalaya 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 Vishwavidyalaya Teaching Departments, and
Schools of Studies; (vii) to evaluate periodically the progress of the
plan. (1)
There shall be
such other Boards in the Vishwavidyalaya as may be prescribed by the Statutes. (2)
The Constitution,
term, powers and duties of the Board constituted under sub-section (1) shall be
such as may he prescribed by the Statutes. CHAPTER
V Finances (1)
The
Vishwavidyalaya shall establish a Fund to be called the Vishwavidyalaya Fund. (2)
The following
shall form part of, or be paid into, the Vishwavidyalaya 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
Vishwavidyalaya from all sources including income from fees and charges; (d)
all other sums
received by the Vishwavidyalaya. (3)
The
Vishwavidyalaya 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 Act, 1882 (No. 1 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 Vishwavidyalaya by any declaration of trust executed by or on behalf of the
Vishwavidyalaya for the administration of any trust. (1)
The
Vishwavidyalaya Fund shall be applicable to this following objects, and in the
following order :- (a)
to the repayment
of debts incurred by the Vishwavidyalaya for the purpose of this Act and
Statutes, the Ordinances and Regulations made thereunder; (b)
to the upkeep of
Colleges, teaching departments, Schools of Studies established by the
Vishwavidyalaya, residence and hostels; (c)
to the payment of
the cost of audit of the Vishwavidyalaya Fund; (d)
to the expenses of
any suit or proceedings to which Vishwavidyalaya is a party; (e)
to the payment of
salaries and allowances of the officers and employees of the Vishwavidyalaya,
members of the leaching staff and the establishment employed in the colleges
maintained by the Vishwavidyalaya 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 Executive Council,
the Academic Council and any other authorities of the Vishwavidyalaya or the
members of any Committee or Board appointed by any of the authorities of the
Vishwavidyalaya in pursuance of any provision of this Act, and the Statutes,
the Ordinances and the Regulations 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 Vishwavidyalaya in carrying out the provisions of
this Act, and the Statutes, Ordinances and the Regulations made thereunder; (i)
to the payment of
any other expenses not specified in any of the preceding clause declared by the
Executive Council to be the expenses for the purposes of the Vishwavidyalaya. (2)
No expenditure
shall be incurred by the Vishwavidyalaya 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 expenditures
other than that provided for in the budget shall be incurred by the
Vishwavidyalaya without the previous approval of the Executive Council. CHAPTER
VI Statutes, ordinances and Regulations 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; (d)
the term of
office, conditions of Service and emoluments of Rector and his powers and
duties; (e)
powers and duties
of the Registrar and other officers and employees of the Vishwavidyalaya and
the conditions of their service; (f)
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 of the
Vishwavidyalaya; (g)
the holding of
convocation to confer degrees; (h)
conferment of
honorary degree; (i)
the withdrawal of
degrees, diplomas, certificates and other academic distinctions; (j)
the establishment
and abolition of faculties, hostels, teaching departments, schools of studies
Colleges and Polytechnics maintained by the Vishwavidyalaya; (k)
the conditions
under which Colleges may be admitted to the privileges of the Vishwavidyalaya
and withdrawal of such privileges; (l)
the extent of the
autonomy which the teaching departments of the Vishwavidyalaya, School of
Studies or Colleges or Polytechnics 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 institution of fellowships, scholarships, studentships,
exhibitions, bursaries, medals, prizes and other awards; (o)
the emoluments and
terms and conditions of services of the officers and the emoluments and terms
and conditions of service other than pay scales of teachers of the
Vishwavidyalaya paid by the Vishwavidyalaya; (p)
the mode of
determining seniority of the purpose of this Act; (q)
the maintenance of
a register of registered graduates; (r)
establishment and
constitution of Bureau for publications, and; (s)
all other matters
which, by this Act, are to be provided for the Statutes. (1)
The first Statutes
with regard to matters set out in Section 37 shall be made by the State
Government and a copy thereof shall be laid on the Table of the Legislative
Assembly. (2)
The Executive
Council may, from time to time make new or additional Statutes and may amend or
repeal the Statutes in the manner hereinafter in this Section provided. (3)
The Academic
Council may propose to the Executive Council the draft of any new statute or
amendment of any existing Statutes to be passed by the Executive Council and such
draft shall be considered by the Executive Council as its next meeting : Provided that the
Academic Council shall not propose the draft of any Statutes or of any
amendment of a Statute affecting the status, power or constitution of any
existing authority of the Vishwavidyalaya until such authority has been given
an opportunity to express its opinion upon the proposal and any opinion so
expressed shall be considered by the Executive Council. (4)
The Executive
Council may approve any such draft as is referred to in sub-section (3) and
pass the Statute or reject it or return it to the Academic Council for
reconsideration, cither in whole or in part, together with any amendment which
it may suggest. (5)
Any member of the
Executive Council may propose to the Executive Council the draft of any new
Statute or amendment to existing Statute and the Executive Council may either
accept or reject the proposal if it relates to a matter not falling within the
purview of the Academic Council. In case such draft relates to a matter which
the purview of the Academic Council, the Executive Council shall refer it for
consideration to the Academic Council which may either report to the Executive
Council that it does not approve the proposal, which shall then be deemed to
have been rejected by the Executive Council or submit the draft to the
Executive Council in such form as the Academic Council may approve and the
provisions of the section shall apply in the case of draft so submitted as they
apply in the case of a draft proposed to the Executive Council by the Academic
Council. (6)
The new Statute or
addition to the Statutes or any amendment or repeal of a Statute shall require
the previous approval of the Kuladhipati who may sanction, disallow or remit it
for further consideration. 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, Polytechnics
and laboratories and levy of fees and their enrolment; (ii)
the degrees,
diplomas, certificates and other academic distinctions to be awarded by the
Vishwavidyalaya, and the qualifications for the same; (iii) the examination leading to the degrees,
diplomas and certificates of the Vishwavidyalaya; (iv)
the fees to be
charged for courses of study in the Vishwavidyalaya and for admission to the
examinations, degrees and diplomas of the Vishwavidyalaya; (v)
Laying down
conditions for appearing at examinations for degrees, diplomas, certificates
and other academic distinctions; (vi)
conduct of
examinations; (vii) the condition of award of fellowships,
scholarships, studentships, exhibitions, medals and prizes etc.; (viii) the maintenance of discipline amongst the
students of the Vishwavidyalaya; (ix)
the conditions of
residence of the students, teaching departments, schools of studies and the
levy of fees for residence in hostels; (x)
the recognition
and inspection of hostels; (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, Polytechnics and
other institutions founded or maintained by the Vishwavidyalaya; (xiv) the supervision and inspection of Colleges,
Polytechnics and other institutions admitted to the privileges of the
Vishwavidyalaya; (xv)
the duties,
qualifications and conditions of appointment including pay scales of teachers
of the Vishwavidyalaya paid by the Vishwavidyalaya; (xvi) the duties and powers of the Board and
Committees to be appointed by the Vishwavidyalaya jointly with any other
Vishwavidyalaya or body; (xvii) the rules to be observed and enforced by
affiliated Colleges, Polytechnics and recognised institutions in respect of transfer
of students; (xviii) the register of students to be kept by
affiliated Colleges, Polytechnics and recognised institutions; (xix) the mode of execution of contracts or
agreements by or on behalf of the Vishwavidyalaya; (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 Vishwavidyalaya, the
examiners, the officers and staff of the Vishwavidyalaya; (xxi) constitution of students union and its mode
of election thereto; and (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 52. (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 Kuladhipati. (1)
Notwithstanding anything
contained in sub-section (1) of Section 40, no ordinance shall be made by the
Executive Council- (a)
affecting the
admission of students, or prescribing examinations to be recognized as
equivalent to the Vishwavidyalaya Examinations or the further qualifications
mentioned in subsection (1) of Section 45 for admission to the degree or
diploma courses of the Vishwavidyalaya unless a draft 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 Vishwavidyalaya paid by the
Vishwavidyalaya, 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 proposed 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 present 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 Kuladhipati and the
Kuladhipati may direct that such Ordinance shall have effect from such date as
may be specified in the direction. (1)
The authorities,
committees and other bodies of Vishwavidyalaya 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 Vishwavidyalaya shall
be the number forming the majority of the members constituting such authority,
committee or other body by the Vishwavidyalaya, for the time being; (b)
providing for all
matters which, by this Act, the Statutes 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 Vishwavidyalaya 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 meetings and for
keeping the minutes of the meeting : Provided that any
authority, committee or body of the Vishwavidyalaya which is not satisfied with
any modification or annulment may appeal to the Kuladhipati whose decision in
this matter shall be final. CHAPTER
VII Residence of Students, Enrolment and
Degrees etc. Every Student of
the Vishwavidyalaya shall reside in hostel or elsewhere under such conditions
as may be prescribed by the Statutes and Ordinances. (1)
Hostels, other
than those maintained by the Vishwavidyalaya shall be such as may be recognised
by the Executive Council on such general or special conditions as may be
prescribed by the Ordinance. (2)
The wardens and
the Superintending Staff of the hostel shall be appointed in the manner
prescribed by the Statutes. (3)
The conditions of
residence in hostel shall be prescribed by the Ordinances and every hostel
shall be subject to inspection by the authority or officer of the
Vishwavidyalaya authorised in this behalf by the Executive Council. (4)
The Executive
Council shall have power to suspend or withdraw the recognition of any hostel on
the ground that it is not conducted in accordance with the conditions
prescribed by the Ordinance : Provided that no
such action shall be taken without affording the managing authority of such
hostel an opportunity of making such representation as it may deem fit. (1)
Students shall not
be eligible for admission to a course of study for a degree or diploma unless
they have passed the final examination or 10th examination respectively held
under the Madhya Pradesh Madhyamik Shisksha Adhiniyam, 1965 (No. 23 of 1965),
or an examination recognised in accordance with the provisions of this Section
as an equivalent thereto and possess such further qualifications as may be
prescribed by the Ordinance. (2)
The
Vishwavidyalaya may with the previous sanction of the State Government recognise
for the purpose of admission to a course of study for a degree or diploma as
equivalent to its own degree or diplomas and any degree or diploma conferred by
any other University or Board or as equivalent to the final examination held
under the Madhya Pradesh Madhyamik Shiksha Adhiniyam, 1965 (No. 23 of 1965),
any other Examination and have been enrolled as student of the Vishwavidyalaya. (3)
No student shall
be admitted to a course of study leading upto a degree unless he is enrolled as
a student in a College, Polytechnic, Teaching Department or School of Study. (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; (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 course, incapable of
acting as such, the Kulpati shall appoint an examiner to fill the vacancy. (1)
Every college or
polytechnic 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 institution. (2)
The Executive
Council shall cause such institution to be inspected from time to time by one
or more competent person 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. Only graduate or
diploma holders of the Vishwavidyalaya shall on payment of such fees as may be
prescribed by the Statutes to be entitled to have their names enrolled in the
register of Registered Graduates or Diploma holders to be maintained in such
form as may be prescribed by the Statutes. CHAPTER
VIII Audit The annual report
of the Vishwavidyalaya shall be prepared under the direction of the Executive
Council and shall be submitted to the Court on or before such dale 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. The
Vishwavidyalaya 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. (1)
The Accounts of
the Vishwavidyalaya 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. (2)
The copy of the
audited accounts together with the audit report shall be submitted by the
Executive Council to the Court and the State Government. The State Government
shall, as soon as may be, cause the same to be laid on the table of the
Legislative Assembly. CHAPTER
IX Appointment to Teaching Posts in the
Vishwavidyalaya (1)
No person shall be
appointed- (i)
as a Professor,
Reader, or Lecturer; or (ii)
to any other
teaching post of the Vishwavidyalaya paid by the Vishwavidyalaya 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 six months and cannot be delayed without detriment to the
interest of the department of institution maintained by the Vishwavidyalaya,
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 six months or appointed to another post in the service of the
Vishwavidyalaya except on the recommendation of the said committee of
selection. (2)
The members of the
committee of selection shall be,- (i)
the Kulpati,
Chairman; (ii)
one expert to be
nominated by the Kuladhipati from a Panel submitted by the Academic Council of
three experts in the subject not connected with the Vishwavidyalaya in any
manner whatsoever; (iii) three subject experts not connected with the
Vishwavidyalaya in any manner whatsoever to be nominated by the Kuladhipati : [5][Provided that atleast one of the three
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.] (iv)
Secretary in
charge of the Manpower Planning Department, Government of Madhya Pradesh. (3)
Three members of
the selection committee shall form the quorum. (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 the order of merits : Provided that no
recommendation shall be made, unless at least two experts nomination under
clauses (iii) and (iv) of sub-section (2) are present in the meeting in which
such recommendation is to be decided upon. (5)
Out of the names
so recommended under subjection (4) the Executive Council shall appoint persons
in order of merit. The payment of
salaries to the teachers of the Vishwavidyalaya paid by the Vishwavidyalaya
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 (1)
If the State
Government is satisfied that owing to maladministration or financial
mismanagement in the Vishwavidyalaya a situation has arisen whereby financial
stability of the Vishwavidyalaya has become insecure, it may by notification,
declare that the finances of the Vishwavidyalaya shall be subject to the
control of the State Government. (2)
Every notification
issued 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 docs not exceed three years. (3)
During the period
the notification issued under sub-section (1) remain in operation, the
executive authority of the State Government shall extend to the giving of
directions to the said Vishwavidyalaya to observe such cannons 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 sanctions; (ii)
a provision
requiring the Vishwavidyalaya to submit every proposal involving financial
implications to the State Government for sanction; (iii) a provision requiring the submission of every
proposal for revision of scales of pay and rates of allowances of the officers,
teachers and other persons employed by the Vishwavidyalaya 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 the Vishwavidyalaya; (v)
a provision
requiring the reduction in the officers, teachers and other persons employed by
the Vishwavidyalaya; (vi)
a provision
requiring the lowering down of scales of pay and rates of allowances; and (vii) a provision in regard to such other matters
as may have the effect of reducing the financial strain on the Vishwavidyalaya. (5)
Notwithstanding
anything contained in this Act, it shall be binding on every authority of the
Vishwavidyalaya and every officer of the Vishwavidyalaya to give effect to the
direction given under this section. (6)
Every officer of
the Vishwavidyalaya shall be personally liable for misapplication of any fund
or property of the Vishwavidyalaya 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 of Madhya Pradesh, Manpower Planning 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. (1)
If the State
Government on receipt of a report or otherwise, is satisfied that a situation
has arisen in which the administration of the Vishwavidyalaya cannot be carried
out in accordance with the provisions of the Act, without detriment to the
interests of the Vishwavidyalaya and it is expedient in the interest of the
Vishwavidyalaya so to do, it may by notification, for reasons to be mentioned,
therein, direct that the provisions of Sections 12, 13,22 to 28, 42, 49, 50 and
69 shall as from the date specified in the notification (hereinafter in this
Section referred to as the appointed date) apply to the Vishwavidyalaya. (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)
The Kuladhipati
shall simultaneously with the issue of the notification, appoint the Kulpati
under Sections 12 and 13 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)
the Kulpati,
holding office immediately before the appointed date, shall notwithstanding
that his term of office has not expired, vacate his office; (ii)
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; (iii) 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 Sections 12 and 13 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 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 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 of 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. On expiration of
the period of operation of the notification issued under Section 54, the
provisions of this Act, as modified in application to the Vishwavidyalaya
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 Supplementary Provisions If any question
arises regarding the interpretation of any provisions of this Act or any
Statutes, Ordinances or Regulations 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 Vishwavidyalaya, the matter shall be referred to Kuladhipati whose
decision thereon shall be final : Provided that
before taking any such decision the Kuladhipati himsell or an officer nominated
by him shall give the person or persons affected thereby a reasonable
opportunity of being heard. Explanation. - In this section,
the expression- (a)
"body" includes
any committee constituted by or under this Act; (b)
"appointed" does
not include appointments to the salaried posts of the Vishwavidyalaya. Where any
authority of the Vishwavidyalaya 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. 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
Vishwavidyalaya shall be filled, as soon as conveniently may be, by the persons
or the 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 term for which the person whose place he fills would
have been a member. No act or
proceeding of any authority, committee or body of the Vishwavidyalaya shall be
invalid merely by reason of- (a)
any vacancy in or
defect in the constitution thereof; (b)
any detect 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. (1)
Every salaried
officer and teacher of the Vishwavidyalaya paid by the Vishwavidyalaya shall be
appointed under a written contract which shall be lodged with the
Vishwavidyalaya and a copy thereof furnished to the officer or teacher
concerned. (2)
Any dispute
regarding service matters arising out of contract or otherwise between the
Vishwavidyalaya and any of its salaried employees shall be adjudicated upon the
Kulpati and an appeal against the Kulapati'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
engineering institution of the State. The
Vishwavidyalaya 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 benefit as it may deem fit. No suit,
prosecution or other legal proceedings shall lie against any officer, teacher
or other employee of the Vishwavidyalaya 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 Regulations. No person shall
impart instruction in the Vishwavidyalaya or 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. (1)
Professors, Readers
and Lecturers in Colleges and Lecturers and Heads of Departments in
Polytechnics fulfilling the academic and other qualifications and conditions of
experience laid down by the All India Council for Technical Education (AICTE)
and drawing pay in the AICTE pay scales or that approved by the State
Government shall be recognised as Professors. Readers, Heads of Departments and
Lecturers of the Vishwavidyalaya, Principals, of Colleges with a minimum 15
years teaching experience of minimum degree level in concerned subjects and
drawing salary of the Principal approved by the State Government shall be
recognised as Professor by the Vishwavidyalaya. (2)
Visiting Professor
means a Professor invited by Executive Council for a short term of not more
than 6 months as stipulated in the contract. (3)
A teacher who is
appointed on part time basis in any institution shall not be given recognition
by the Vishwavidyalaya. (1)
Wherever in
accordance with this Act, any person is to hold an office of to he 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 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. (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 qualifications 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 a period not exceeding four months. (1)
Any member other
than an ex officio member of the Court, Executive Council, the
Academic Council, or any other Vishwavidyalaya Authority or Committee of Dean
of a Faculty may resign by a letter addressed to the Registrar, and the
resignation shall take effect as soon as the letter is received by the
Registrar. (2)
Any officer of the
Vishwavidyalaya, whether salaried or otherwise, other than a Dean may resign
his office by a 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. (1)
A person shall be
disqualified for being chosen as, and for being a member of any of the
Authorities of the Vishwavidyalaya- (a)
if he is of
unsound mind; or (b)
if he is deaf,
mute or suffering from any contagious disease; or (c)
if he is an
undischarged insolvent; or (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 decision thereon shall be final and
no suit or other proceeding shall lie in any Court of law against such
decision. (1)
The Kuladhipati
may, on the request of the Executive Council, remove the name of any person
from the register of graduate or diploma holders and remove the name of any
person from membership of any authority or body of the Vishwavidyalaya, if- (i)
he is guilty of
gross misbehaviour; and (ii)
he acts
prejudicial to the interest of the Vishwavidyalaya : Provided that the
Kuladhipati shall cause a preliminary' enquiry to be made and if he is
satisfied that prima facie case exists, he shall serve on such
registered graduate or diploma holder 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 Vishwavidyalaya, as the case may be. (2)
After taking into
consideration the reply to the charge-sheet submitted to him by the registered
graduate or member of the authority or body of the Vishwavidyalaya, 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 diploma holder or member, as the case may be. (3)
The Tribunal shall
after giving the accused registered graduate or diploma holder or members, as
the case may be, an opportunity of being heard and examining such evidence as
may be necessary, record its findings 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 diploma holder
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. If any difficulty
arises as to the first constitution or reconstitution of any authority of the
Vishwavidyalaya after commencement of this Act, or otherwise in giving effect
to the provisions of this Act, the State Government, as the occasion may
require, may by order do anything which appears to it necessary for the purpose
of removing the difficulty.Rajiv Gandhi Proudyogiki
Vishwavidyalaya Adhiniyam, 1998
Section 1. Short title,
extent and commencement
Section 3. Incorporation of
Vishwavidyalaya
Section 5. Powers of
Vishwavidyalaya
Section 7. Prohibition of
discrimination in all matters connected with Vishwavidyalaya
Section 8. Teaching in
Vishwavidyalaya
Section 9. Inspection of
Vishwavidyalaya
Section 10. Officers of the
Vishwavidyalaya
Section 11. Kuladhipati and
his powers
Section 12. Appointment of
Kulpati
Section 13. Emoluments and
conditions of service of Kulpati, terms of office of and vacancy in the office
of Kulpati
Section 14. Powers and
duties of Kulpati
Section 15. Powers and
duties of the first Kulpati
Section 19. Dean of Students'
Welfare
Section 21. Authorities of
the Vishwavidyalaya
Section 22. Constitution of
Court
Section 23. Meetings of
Court and quorum thereat
Section 24. Powers and
duties of Court
Section 25. Executive
Council
Section 26. Powers and
duties of Executive Council
Section 27. Finance
Committee
Section 28. Academic
Council
Section 29. Powers and
duties of Academic Council
Section 31. Board of
Studies
Section 32. Powers and
functions of Board of Studies
Section 33. Academic
Planning and Evaluation Board
Section 34. Board to be
constituted
Section 35. Vishwavidyalaya
Funds
Section 36. Objects to
which Vishwavidyalaya Fund may be applied
Section 38. Statutes how
made
Section 40. Ordinances how
made
Section 41. Procedure
regarding Ordinances
Section 43. Residence of
students
Section 45. Admission to
Vishwavidyalaya Courses
Section 46. Appointment of
Examiners and Moderators
Section 47. Inspection of
Colleges and Polytechnics and reports
Section 48. Registered
graduates a diploma holders
Section 50. Audit of
Accounts
Section 51. Appointment to
teaching posts
Section 52. Salaries of
teachers paid by Vishwavidyalaya
Section 53. State
Government to assume financial control in certain circumstances
Section 54. Powers of State
Government to apply Act in modified form with a view to provide for better
administration of Vishwavidyalaya in certain circumstances
Section 55. Effect on
expiration of the period of operation of notification under Section 54
Section 56. Dispute as to
constitution of Vishwavidyalaya authorities and bodies
Section 57. Constitution of
Committees
Section 58. Filling of
causal vacancies
Section 59. Proceedings of
Vishwavidyalaya and bodies not invalidated by vacancies
Section 60. Conditions of
service
Section 61. Pension and
Provident Fund
Section 62. Protection of
action taken in good faith
Section 63. Approval for
imparting instructions
Section 64. Classification
of Teachers
Section 65. Terms of Office
of members of authority of the Vishwavidyalaya
Section 66. Resignation of
member or officers of Vishwavidyalaya
Section 67.
Disqualifications for being member of authority
Section 68. Power to remove
member from register of graduates or diploma holders or any authority or body
of the Vishwavidyalaya
Section 69. Removal of
difficulties