[Act No. 15 of 1963] [17th May, 1963] An Act to establish and
incorporate a teaching, affiliating and residential University at Gwalior. Be it enacted by the Madhya Pradesh Legislature in
the Fourteenth Year of the Republic of India as follows:- (1) This Act may be called the
Jiwaji University Act, 1963. (2) 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) "affiliated college"
means an institution recognised by the University in accordance with the
provisions of this Act and the Statutes for providing instructions at least up
to the Bachelor's degree and which is not a constituent college; (ii) "college" means an
institution maintained by or admitted to the privileges of the University by or
under the provisions of this Act and includes an affiliated college or a
constituent college; (iii) "constituent college"
means a college which provides post-graduate teaching in four or more subjects
or is a college for technical or professional education and which in addition
satisfies conditions laid down in the Statutes in this behalf and has been
declared by the Executive Council as a constituent college; (iv) "Head of Department"
means a teacher principally responsible for instruction, training or research
in a department; (v) "hostel" means a unit
of residence for students of the University provided, maintained or recognised
by it; (vi) "Principal" means the
head of a college and includes when there is no Principal, the person for the
time being duly appointed to act as Principal; (vii) "Professors, Readers and
Assistant Professors" means the teachers of the University who have been
appointed or recognised by the Executive Council as Professors, Readers and
Assistant Professors, respectively; (viii) registered graduate means a
graduate registered under the provisions of this Act; (ix) "Scheduled Castes"
means the Scheduled Castes specified in relation to this State under Article
341 of the Constitution; (x) "Scheduled Tribes"
means the Scheduled Tribes specified in relation to this State under Article 34
of the Constitution; (xi) "school of studies"
means an institution maintained by the University as a place for higher
learning and research in a particular branch of learning; (xii) "Statutes",
"Ordinances" and "Regulations'' means respectively the Statutes,
Ordinances and Regulations of the University, in force for the time being; (xiii) "teachers of the
University" includes all persons who, with the approval of the Academic
Council, impart instructions or guide research in the University or in any
college; (xiv) "University" means the
Jiwaji University. (1) The Chancellor, first Vice
Chancellor and Rector, if any, of the University and the first members of the
Court of the Executive Council and of the Academic Council of the University
and all persons who may hereafter become such officers or members are, so long
as they continue to hold such office or membership, hereby constituted a body
corporate by the name of the Jiwaji University. (2) The University shall have
perpetual succession and a common seal and shall sue and be sued by the said
name. (3) Subject to the provisions of
this Act, the University shall be competent to acquire and hold property, both
movable and immovable, to lease, sell or otherwise transfer any movable or
immovable property which may have become vested in, or may have been acquired
by it for the purpose of the University and to contract: and do all other
things necessary for the purposes of this Act. (4) The headquarters of the
University shall be located at Gwalior. The University shall have the following powers,
namely:-- (1) to provide for instruction,
teaching and training in such branches of learning and courses of study as the
University may think fit, and to make provision for research and for the
advancement and dissemination of knowledge; (2) to cultivate and promote the
study of-- (i) Arts and Humanities, Sciences
including Home Science and Social Sciences, Technology, Engineering, Commerce,
Agriculture, Veterinary, Law, Education including Physical Education,
Medicines, Ayurved and Journalism; (ii) music and other fine Arts; (iii) oriental languages, Sanskrit
learning and research, Ancient Indian Arts and Culture; (iv) industrial Organisation and
Business management; (v) such other subjects as may be
prescribed; (3) to hold examinations, and to
grant--diplomas and confer degrees and other academic distinctions on persons;
who-- (a) have pursued a course of study
in the University or in a college: Provided that no such diploma degree or academic
distinction shall be granted or conferred unless such persons, if considered
fit for military training, have undergone such military training as may be
prescribed by Statutes: Provided farther that the Ordinance may make
provision for examining and conferring degrees and other academic distinctions
upon women who have not pursued a course of studies in the University or in
college or (b) are teachers or librarians in
recognised educational institutions; (c) are members of the naval,
military or air forces of the Union; (4) to confer degrees and other
academic distinctions on persons who have carried on independent research under
conditions laid down in the Ordinances; (5) to confer honorary degrees or
other academic distinctions on approved persons, in the manner prescribed in
the Statutes; (6) to withdraw degrees, diplomas,
certificates and other academic distinctions under conditions laid down in the
Statutes; (7) to provide such lectures and
instructions for and to grant such diplomas to persons, not being enrolled
students of the University, as the University may determine; (8) to maintain colleges, schools of
studies, and hostels, to admit to its privileges colleges not maintained by the
University and to withdraw all or any of these privileges, and to recognise
hostels not maintained by the University and to withdraw any such recognition
in the mariner prescribed in the Statutes or Ordinances; (9) to co-operate with other
Universities and authorities in such manner and for such purpose as the
University may determine; (10) to institute professorships
including emeritus professorships, readerships, assistant professorships,
lecturer ships and any other teaching posts required by the University and to
appoint persons to such posts; (11) to recognise teachers as
qualified to give instructions in colleges; (12) to recognise persons eminent in
any subject to guide research in that subject; (13) to hold and manage trusts and
endowments and to institute, and award fellowships, scholarships, exhibitions,
bursaries, medals and other reward in accordance with conditions prescribed in
the Statutes; (14) to organise University
Laboratories, libraries, museums and other equipment for teaching and research: (15) to inspect colleges and
recognised institutions and to take measures to ensure that proper standards of
instructions, teaching or training are maintained in them: (16) to demand and receive payment of
such fees and other. charges as may be prescribed by the Ordinances; (17) to supervise and control the
residence, conduct and discipline of students of the University, and to make
arrangements for promoting their health and general welfare; (18) to create administrative,
ministerial and other necessary posts and to make appointments thereto: (19) to conduct, co-ordinate,
regulate and control teaching and post-graduate research work in the colleges
and the institutions recognised by the University; (20) to institute and manage,-- (a) Information Bureau; (b) Employment Bureau; (c) Printing and Publication
Department; and (d) Bureau for Publications
"and Translation in Hindi; (21) to provide for training for
competitive examinations for services under the Union of the State Governments; (22) to make provision,-- (a) for extra mural teaching and
research; (b) for physical and military
training; (c) for sports and athletic
activities; and (d) for practical training of
students in such subjects as-may be prescribed by Ordinances; (23) to control and co-ordinate the
activities of and give financial aid to. affiliated colleges and recognised.
institutions; (24) to make special provision for
the spread of University education among classes and communities which arc
educationally backward; (25) to promote by itself or in
co-operation with other Universities or the State Government or Union
Government, the development of the study of Hindi; (26) to do all such other acts and
things whether incidental to the powers aforesaid or- not as may be requisite
in order to further the objects of the University. (1) Save as otherwise provided in
this Act, the powers conferred on the University by or under this Act shall
extend to the areas comprised within the limits of the revenue districts of
Gwalior, Bhind, Morena, Shivpuri, Guna and Datia: Provided that the State Government may authorise
the University to associate or admit to any of its privileges colleges situated
within the State outside the aforesaid limits in accordance with the provisions
of this Act and statutes made there-under. (2) Notwithstanding anything
contained in any other law for the time being in force, no college or
educational institution situate within the aforesaid limits shall be associated
in any-way with or be admitted to any privileges of any other University
incorporated by law in India and any such privileges granted by any such other
University to any educational institutions within these limits prior to the
commencement of this Act, shall be deemed to be withdrawn on the commencement
of this Act. No citizen of India shall be excluded on the
grounds only of religion, race, caste, sex, place of birth or any of them,
from-- (i) any office of the University; (ii) membership of any of its
authorities; (iii) admission to any degree or
diploma or other academic distinctions or course of study to qualify for any
degree, diploma or other academic distinctions; (iv) appointment or admission as a
teacher; or (v) enjoyment or exercise of any
privileges of the University or benefaction thereof: Provided that the University may-- (a) maintain affiliate or recognise
any college or institution exclusively for women either for education,
instruction or residence; or (b) subject to the conditions of
admission provided in the Ordinances, reserve for women or members of the
Scheduled Castes or Scheduled Tribes seats for the purpose of admission as
students in any college or institution maintained or controlled by the University: Provided further that nothing in this section shall
be deemed to prevent the University from exempting-- (a) members of the Scheduled Castes
or Scheduled Tribes; or (b) indigent persons not falling
under (a) above, who attend courses of study or seek admission to the
examination of the University; from the payment of fees, in whole or in part,
for attending such courses or seeking admission to such examinations. Explanation.-- A person shall, for the purposes of
this proviso be deemed to be an indigent person if the annual income of such
person or his guardian (where such person is for his livelihood and education
dependent upon such guardian) is less than Rs. 2,400 or such other amount as
may be specified by the State Government', by notification, in this behalf. (1) All recognised teaching in
connection with the University courses shall be conducted by the teachers of
the University in accordance with such schemes as may be framed for each
academic year by the Academic Council and shall include lecturing, tutorial
classes, laboratory work and other teaching conducted in accordance with the
syllabus prescribed by the Regulations. (2) The authorities responsible for
organising such teaching shall be prescribed by the Statutes. (3) The courses and curricula shall
be prescribed by the Ordinances and, subject thereto, by the Regulations. (4) No attendance at any teaching
-other than teaching, conducted by the University or by a college in accordance
with the provisions of this section, shall qualify for admission to any
examination of the University for which a regular course of study has been
prescribed by the University. (1) The State Government shall have
the right to cause an inspection to be made by such person as it may direct, of
the University, its buildings, laboratories, libraries, museums, work-shops and
equipments and of any college or hostel, maintained or recognised by or
affiliated to, the University, of the teaching and other work conducted by the
University or any college, and of the conduct of examinations held by the
University and to cause an enquiry to be made in respect of any matter connected
with the University: Provided that the State Government shall, in every
case, give notice to the University of its intention to cause an inspection or
enquiry to be made and the University shall be entitled to be represented
thereat. (2) Such persons shall report to the
-Chancellor-the result of such inspection or inquiry; and the Chancellor shall
communicate to the Court and to the Executive Council, his views with reference
to the results of such inspections or enquiry and shall, after ascertaining the
opinion of the Executive Council and the Court thereon, advise the University
upon the action to be taken. (3) The Executive Council shall
report to the Chancellor for communication to the. State Government such
action, if any, as it has taken or may propose to take, upon the results of
such inspections or inquiry, and such report shall be submitted with opinion of
the Court thereon and within such time as the Chancellor may direct. (4) Where the Executive Council docs
not, within a reason-able time; take action to the satisfaction of the
Chancellor the Chancellor may, after considering any explanation furnished or
representation made by the Executive Council, issue such directions as he may
think fit, and the Executive Council shall comply therewith. The following shall be the officers of the
University, namely:-- (i) the Chancellor, (ii) the Vice Chancellor, (iii) the Rector, if any, (iv) the Registrar, (v) the Deans of the Faculties, and (vi) such other officers in the
service of the University as may be declared by the Statutes to be officers of
the University. The Governor of Madhya Pradesh shall be ex-officio
Chancellor of the University. He shall, by virtue of his Office, be the Head of
the University and the President of the Court and shall, when present, preside
at meetings of the Court and at any convocation of the University. (1) The Chancellor shall, where
committees of selection for professorships, readerships, assistant
professorships or lecturer ships of; the. University are constituted, appoint,
in the manner prescribed in the Statutes, one or more members of every such
committee. (2) The Chancellor may- (a) call for any paper or
information relating to the affairs of the University; and; (b) for reasons to be recorded refer
any matter, except a matter falling under section 50, for reconsideration to
any officer or authority of the University that has previously considered such
matter. (3) The Chancellor may, by an order
in writing, annul any proceeding of any officer or authority of the University
which is not in conformity with this Act, the Statutes, the Ordinances, or the
Regulations: Provided that before making any such order he shall
call upon the officer or authority 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. (4) Every proposal to confer an
honorary degree shall be subject to the confirmation of the Chancellor. (5) The Chancellor shall exercise
such powers as may be conferred on him by or under this Act. (1) The Vice Chancellor shall be
appointed by the Chancellor from a panel of not less than three persons
recommended by the Committee constituted under sub-section (2): Provided that if the Chancellor- does not approve
of any of the persons so recommended or the person or persons approved by the
Chancellor out of those recommended by such committee are not willing to accept
the appointment, the Chancellor may call for fresh recommendations from such
committee: Provided further that the first Vice; Chancellor
shall be directly appointed by the Chancellor. (2) The Chancellor shall appoint a
committee of three persons, two of whom shall be elected/by the Executive Council
by single transferable, vote from amongst persons not connected with the
University or a college and the third shall be nominated by the Chancellor The
Chancellor shall appoint one of the three persons to be Chairman of the
Committee: (3) For constituting the committee
under sub-section (2) the Chancellor shall, six months before the expiry of the
term of the Vice Chancellor, call upon the Executive Council to choose its
nominees and if it fails to do so within one month of the receipt of the
Chancellor's communication in this, regard, the Chancellor may nominate any two
persons not connected with the University or college and the persons so
nominated shall be deemed to be the persons elected by the Executive Council. (4) The committee shall submit the
panel within six weeks from the date of its constitution or. such further time,
not exceeding 4 weeks, as may be extended by the Chancellor. (5) lf the committee fails to submit
the panel within the period specified in sub-section (4),the Chancellor may
appoint any person whom he deems fit to be the Vice Chancellor. (6) The Vice Chancellor shall hold
office for a term of five years and shall be eligible for re-appointment: Provided that the first Vice Chancellor shall hold
office for a term of three years: Provided further that, notwithstanding the expiry
of. his term, he shall continue in office until his successor is appointed and
enters upon his office but this period shall not exceed six months. (7) The -Vice Chancellor shall be a
whole time salaried officer of the University and his emoluments and other
terms and conditions of service shall be prescribed by the Statutes: Provided, that the first Vice Chancellor shall, if
the Chancellor so directs, be an honorary officer and the Court shall place at
the disposal of such honorary Vice Chancellor annually a sum of Rs. 10,000 by
way of sumptuary allowance. (8) In the event of the occurrence
of any vacancy in the office of the Vice Chancellor by reason of his death,
resignation or otherwise the vacancy shall be filled, as early as practicable
in the manner laid down in this section. (9) Where any temporary vacancy in
the office of the Vice Chancellor-occurs by reason of leave, illness or other
cause, the Chancellor shall, as soon as possible, make such arrangements for
carrying on the office of the Vice Chancellor as he may think, fit. Until such
arrangements have been made the Rector and if no Rector has been appointed or
if the Rector is also not available the Registrar shall carry on the current
duties of the Vice Chancellor. Explanation. For the Purposes of this section,
member of a Governing body of any college affiliated to/he University shall not
be deemed to be a-person connected with the University or college. (1) The. Vice Chancellor' shall be
the Principal Executive and academic officer of the University, and shall in
the absence of the-Chancellor preside at meetings of the Court and at any
convocation of the University. He shall be an ex-officio member and Chairman of
the Executive Council and of the Academic Council, member of the Court and
Chairman of such other authorities of the University of which he is a member.
He shall be entitled to be present and to speak at any meeting of any authority
or other body of the University but shall not be entitled to vote thereat
unless he is member of the authority or body concerned. (2) It shall be the duty of the Vice
Chancellor to ensure that this Act, the Statutes, the Regulations and the
Ordinances are faithfully observed and he shall have all powers necessary for
this purpose. (3) The Vice Chancellor shall have
powers to convene meetings of the Court, the Executive Council and the Academic
Council. He may delegate this power to any other officer of the University. (4) In any emergency which in the
opinion of the Vice Chancellor requires that immediate action should be taken,
the Vice-Chancellor shall take such action as he deems necessary and shall at
the earliest opportunity thereafter report his action to such officer
authority, or other body as would have in the ordinary course dealt with the
matter: Provided that the action taken by the Vice
Chancellor shall not commit, the University, to any recurring expenditure for a
period of more than three months. (5) When action taken by Vice
Chancellor under sub-section (4) affects any person in the service of the
University, such person shall be entitled to prefer an appeal to the Executive
Council through the officer, authority or body mentioned in-the said sub-section
within fifteen days from the date on which such action is communicated to him. (6) The action taken by the Vice
Chancellor shall be deemed to be the action taken by the appropriate, authority
until it is set aside by such authority after considering the report made by
the Vice Chancellor under sub section (4) or is set aside by the Executive
Council under sub-section (5). (7) The Vice-Chancellor- shall
exercise general control over the. affairs of the, University and shall give
effect to the decisions of the authorities of the University. (8) The Vice-Chancellor shall,
exercise such other powers as may be prescribed by the Statutes, Ordinances and
Regulations. (1) A motion expressing
no-confidence in the-Vice-Chancellor may be. made on the ground of misbehavior
or incapacity and subject to the following restrictions namely:- (a) a written notice of the
intention to move such motion signed by not less than one-third of the total
membership of the Court for the time being is delivered to the Registrar at
least seven clear days before the date fixed for a meeting of the Court; and (b) such notice is accompanied by a
copy of the motion containing particulars of misbehaviour and/or incapacity, as
the case may be, proposed to be moved. (2) At the commencement of the
meeting of the, Court, the presiding officer shall read the notice and the text
of the proposed motion delivered under sub-section (i) and shall immediately
fix for the discussion of such motion a date which shall not be later than seven
days from that day. (3) The Vice Chancellor- shall not
preside at the meeting at which discussion of such motion shall take place but
shall be entitled to speak and take part in the debate. The meeting shall be
presided over by such person other than the Vice Chancellor as the Chancellor
may nominate in this; behalf. (4) No such motion shall be deemed,
to have been passed unless a majority of not less than two-thirds of the
members of the Court present and voting and such majority is more than one half
of the total membership constituting the Court for the time being votes in
favour of such motion. (5) The Vice-Chancellor shall not be
removed from office except by an order of the Chancellor passed after the
resolution passed in the Court in accordance with the provisions of this
section has been submitted to him. (1) In the event of the
Vice-Chancellor being an honorary officer, the Chancellor may, if he considers
it necessary so to do, appoint a Rector in consultation with the Vice
Chancellor. (2) The Rector shall be a salaried
officer of the University. (3) The term of office of the Rector
shall be for such period as the honorary Vice Chancellor during whose term he
is appointed, holds office. (4) Subject to the provisions of
this Act, the terms and conditions of service and emoluments of the Rector
shall be prescribed by Ordinances. (5) The Rector shall perform such
duties and exercise such powers of the Vice Chancellor as may be assigned to
him by the Chancellor and he shall perform such other duties and exercise such
other powers as may be prescribed by Ordinances. (1) The Registrar shall be a whole,
time salaried officer and shall act as. the Secretary of the Court, of the
Executive Council, of the Academic Council and of the Finance Committee. He
shall be appointed by the Executive Council in accordance with the Statutes to
be made in this behalf and his emoluments and condition's of service shall be
such as may be prescribed by the Statutes: Provided that the first Registrar shall be appointed
by the Chancellor and he shall hold office for such period not exceeding three
years and on such terms and conditions as the Chancellor may determine. (2) Subject to the powers of the
Finance Committee and the Executive. Council, the Registrar shall be
responsible for seeing that all moneys are expended on the purpose for which
they are granted or allotted. (3) Unless otherwise provided for.
under this Act, all contracts shall be signed by the Registrar on behalf of the
University. (4) The Registrar shall exercise
such other powers and perform such, other duties as may be conferred or imposed
on him by the Statutes, the Ordinances and the Regulations. The appointment of other officers of the University
referred to in section 9 shall be made in such manner and the conditions of
their service and their powers and duties shall be such as may be prescribed by
the Statutes, Ordinances and Regulations. The following shall be authorities of the University:-- (i) the Court, (ii) the Executive Council, (iii) the Academic Council, (iv) the Faculties, (v) the Board of Studies, (vi) the Finance Committee, and (vii) such other authorities as may be
declared by the Statutes to be the authorities of the University. (1) The Court shall consist of the
following persons, namely:-- Ex-Officio Members (i) the Chancellor, (ii) the vice-Chancellor, (iii) the Rector, if any, (iv) the Vice Chancellors of other
Universities established by law in the State, (v) the ex Vice Chancellors of the
University, (vi) Deputy Minister for Education,
Madhya Pradesh, if any, (vii) the Secretary to Government,
Madhya Pradesh, if any, (viii) the Secretary to Government,
Madhya Pradesh, Law Department, (ix) the Commissioner, Gwalior
Division, (x) the Mayor, Municipal
Corporation, Gwalior, (xi) the Chairman of the Madhya
Pradesh Board; of Secondary Education, (xii) the Director of Collegiate
Education, Madya Pradesh, (xiii) Principals of constituent
colleges, (xiv) Principals of Schools of
Studies, (xv) the Heads of the Departments of
studies, (xvi) Principals of affiliated
colleges in such proportion as may be prescribed by statutes nominated by the
Chancellor, by rotation, according to seniority, (xvii) five teachers of the University
other than Principals, Heads of the Department and Professors to be nominated
by the Chancellor at least one from each college from which no teacher has
become a member of the Court, such nomination being made from such colleges by
rotation, Other Member (xviii) not more than two persons
representing learned professions, as may be prescribed by statutes, to be
nominated by the Chancellor; (xix) not more than four persons
representing industry, labour, agriculture and commerce to be nominated by the
Chancellor, (xx) five representatives of the
State Legislative. Assembly to be elected by the Legislative Assembly, (xxi) two Chairmen of Zila Panchayats
comprised within the territorial jurisdiction of the University to be elected
from amongst themselves in accordance with such mode and in such manner as may
be prescribed by Statutes, (xxii) twenty representatives to be
elected by the registered graduates of the University from amongst them-selves,
in accordance with such mode as may be prescribed by the Ordinances, (xxiii) six members nominated by the
-Chancellor including distinguished educationists, women, representatives of
cultural organisations, Harijans and Adivasis, (xxiv) three principals of Higher
Secondary Schools to be nominated by the Chairman, Board of Secondary
Education, Madhya Pradesh, (xxv)(a) every donor donating more
than one lakh of rupees; (b) not more than five persons
to be elected by the donors donating Rs. 10,000 or more from amongst themselves
in the ratio of one representative for every ten such donors or part thereof
not less than five in accordance with such mode as may be prescribed by the
Statutes: Provided that the right of electing persons under
paragraph (b) shall not extend beyond the period of twenty-five years from the
date of the acceptance of such donation by the University. Explanation.--No employees of the University or of
a college shall be eligible to be a member under items (xviii) to (xxiv). (2) The term of office of members
nominated or elected, as the case may be, under items (xvi) to (xxiv) and para
(b) of item (xxv) of sub-section (1) shall be co-terminus with the term of the
Court which shall be five years: Provided that the term of the first Court shall be
co-terminus with the term of the first Vice Chancellor. (3) Subject to the provisions of
sub-section (4), every donor specified in paragraph (a) of item (xxv) of
sub-section (1) shall be a member of the Court during his life time. (4) If the donor specified in item
(xxv) of sub-section (1) is an undivided Hindu family, trust, firm, company or
body corporate, the representative nominated from time to time by each such
undivided Hindu family, trust, firm, company or body corporate shall be deemed
to be the donor: Provided that the right of making such nomination
shall not extend beyond the period of twenty-five years-from the date of the
acceptance by the University of any such donation. (1) The Court shall on a date to be
fixed by the-Vice-Chancellor; unless some other date has been fixed by the
Court in respect of any year, meet at least once a year at a meeting to be
called the annual meeting of the Court. (2) A meeting of Court fixed by the
Vice-Chancellor under sub-section (1) shall not be cancelled or postponed by
the Vice Chancellor, but the Chancellor may, for sufficient cause, post-pone
meeting to any date not later than fifteen days from the day originally fixed
by the Vice Chancellor. (3) The Vice Chancellor may.
whenever he thinks fit, and shall upon a requisition in writing signed by not
less than forty members of the Court convene a special meeting of the Court
within forty-five days of the receipt of such a requisition. (4) If the Vice Chancellor fails to
convene a special meeting within the period specified in sub-section (3), the
Registrar shall forthwith forward the requisition for the meeting to the
Chancellor for his orders and the Chancellor shall fix a date for the convening
of the meeting which shall not be later than the sixtieth day from the day of
the receipt of the requisition. (5) If no date is fixed by the Vice
Chancellor for the annual meeting in accordance with sub-section (1), it shall
be held on the first Monday of February "and the Registrar shall give
notice of such a meeting. (6) When a date has been fixed for
the meeting of the Court by the Vice Chancellor or the Court, as the case may
be, under sub-section (1) or by the Chancellor under sub section (2) or
sub-section (4) or where it has become necessary to hold a meeting in
accordance with the provisions in sub-section (5), the Registrar shall give ten
clear days notice to the members of the Court of such a meeting by registered
post but notwithstanding anything to the contrary in the Statutes, Ordinances
or Regulations, the validity of any such meeting shall not be challenged on the
ground of insufficiency of the notice or any other irregularity in issuing it. (1) The Court shall be the supreme
authority of the University and shall, subject to such conditions as may
be-prescribed by or under the provisions of this Act, have the power to revise
the Acts of the Executive Council and the Academic Council and shall exercise
all the powers of the University for carrying Out the purposes of this Act: Provided that where any Act is required by or under
this-Act to be done with the previous approval or sanction of the State
Government it shall not be revised, by the Court except with the previous
approval of the State Government. (2) In particular and without
prejudice to the generality of the foregoing powers, the Court shall exercise
the following powers and perform the following duties, namely: (i) to make provision for
instruction, teaching and training in such branches of learning and courses of
study, as it may think fit, for research and, for the advancement and
dissemination of knowledge. (ii) to make such provision as will
enable colleges and recognised institutions to undertake specialization of
studies and to organise and make provision for University Laboratories,
libraries, museums and other equipment for teaching and research, (iii) to establish and maintain
colleges, departments, hostels and institutions of research and specialised
studies, (iv) to institute and maintain
fellowships, scholarships, studentships, exhibitions and medals, (v) to institute and confer degrees,
diplomas and other academic distinctions, (vi) to confer on the recommendation
of the Executive Council, honorary degrees or other academic distinctions, (vii) to make, amend or repeal
Statutes, (viii) to consider the annual accounts
and the annual financial estimates placed before it by the Executive Council
and pass them with such modifications as the Court may deem fit, (ix) to consider and cancel or refer
back, but not amend. Ordinances and Regulations, (x) to consider the annual reports
and to pass resolution on and adopt such reports, (xi) to elect office-bearers and
authorities as provided in this Act and the Statutes, (xii) to make grants from the Funds of
the University for the purposes of the National Cadet Corps, (xiii) to lay down scales of salaries
and conditions of employment of members of the staff in constituent colleges
and other recognised institutions, and to ensure the observance of the same
through the Executive Council, (xiv) to exercise such powers and
perform such duties as may be conferred or imposed upon it by or under this
Act, (xv) to provide for training for
competitive examinations for services under the Union or the State Government (xvi) to endeavour to promote the
development of the study of Hindi, (xvii) to exercise such other powers
and perform such other duties as may be necessary to give effect to the provisions
of this Act. (3) The powers and duties under
clauses (i) to (v) of sub-section (z) shall not be exercised except upon
recommendations made by the Executive Council. (1) The Executive Council shall be
the executive authority of the University and shall consist of the following
persons namely:-- (i) the Vice-Chancellor (ii) the Rector, if any, (iii) all Deans, (iv) principals, other than Deans, of
five colleges to be nominated by the Chancellor by rotation according to seniority,
as. Follows namely:- (a) one Principal of a constituent
college, (b) one Principal of a college for
Technical Education, (c) one Principal of a college of
Music or Fine Arts, (d) one Principal of a Women's
College, (e) one Principal of a college not
covered by (a), (b), (c) and (d) above, (v) five person, none of whom shall
be an employee of the University or of a college, elected by the Court from
amongst its members at least two of whom shall be from amongst the registered
graduates elected to the Court under item (xxii) of sub-section (1) of section
19: Provided that in the constitution of the first
Executive Council their places shall be filled by persons nominated by the
Chancellor till such time as the members are duly elected by the Court. (vi) the Secretary to the Government
of Madhya Pradesh, Education Department, (vii) the Director of Collegiate
Education, Madhya Pradesh, (viii) two persons nominated by the
Chancellor. (2) The terms of office of persons
becoming members of the Executive Council under items (iii), (iv), (v) and
(viii) of sub-section (1) shall, subject to section 62, be as follows namely:-- (a) persons becoming members under
item (iii), (iv) and (viii) two years, (b) persons becoming members under
item (iv) three years or so long as they remain members of the Court, whichever
is earlier. (3) Seven members of the-Executive
Council shall form a quorum. (1) Subject to such conditions as
may be prescribed by or under the provisions of this Act, the Executive Council
shall have the following powers and perform the following duties, namely:- (i) to hold, control and administer
the property and. funds of the University; (ii) to enter into, vary, carry out
and cancel contracts on behalf of the University in the exercise or performance
of the powers and duties assigned to it by this Act and the Statutes; (iii) to determine the form of,
provide for the custody and regulate the use of, the common seal of the
University; (iv) to administer funds placed at
the disposal of; the University for specified purposes; (v) to scrutinise the annual
accounts and the annual financial estimates of the University submitted to it
by the Finance Committee and subject to limits as may be laid down under
sub-section (8) of sec-tion 33 by the Finance Committee and to submit them to
the Court; (vi) subject to clause (ix) of
sub-section, (2). of section 21, at any time during an official year,-- (a) to reduce the amount of the
budget grant; (b) to sanction the transfer of any
amount within a budget grant from one minor head to another, or from a subordinate
head under one minor head to a subordinate head under another minor head; or (c) to sanction the transfer of; any
amount not exceeding rupees five thousand within a minor head from one
subordinate head to another or from one primary unit to another; (vii) to lay before the State.
Government annually a full statement of the financial requirement of all
colleges and hostels; (viii) to admit colleges to the
privileges of the University subject to the provisions of this Act, and the
Statutes; (ix) to make provision for buildings,
premises, furniture, apparatus, books and other means needed for carrying on
the work of the University; (x) to accept on behalf of the
University trusts, bequests, donations and transfers of any movable or
immovable property to the University; (xi) to transfer any movable or
immovable property on behalf of the University subject to the provisions of the
Statutes; (xii) to manage and regulate the
finance, accounts and investments of the University; (xiii) to institute- (a) a printing and Publication
Department; (b) an Information Bureau; (c) an Employment Bureau; and (d) Bureau for Publications and
Translation in Hindi; (xiv) to make provision for-- (a) (i) extra-mural teaching and
research;, and (ii) University extension
activities; (b) compulsory physical and military
training; (c) students union; (d) sports and athletic activities;
and (e) students welfare; (xv) to institute such
professorships, readerships, lecturer-ships or other teaching posts as may be
proposed by the Academic Council; (xvi) to abolish or suspend, after
report from the Academic Council thereon, any professorships, reader-ship,
lecturer ship or other teaching posts in the University; (xvii) to manage colleges, departments,
institutions of research or specialised studies, laboratories, libraries,
museums and hostels maintained by the University; (xviii) to recognise hostels and to
provide housing accommodation for teachers of the University; (xix) to arrange for and direct the
inspection of affiliated colleges, recognised institutions 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 recommend to the
Court modifications of the conditions of affiliation, recognition, or taking of
such other steps at is deems necessary and proper in that behalf: (xx) to call for reports, returns and
other information from affiliated colleges, recognised institutions or hostels; (xxi) to supervise and control the
admission, conduct and discipline of the students of the University and to make
arrangements for promoting their health and general welfare; (xxii) to recommend to the Court the
conferment of. honorary degrees and academic distinctions in the manner
prescribed by Statutes; (xxiii) to award fellowships, scholarships,
studentships, exhibitions, medals and prizes; (xxiv) save as otherwise provided by
his Act, or the Statutes, to appoint the officers (other than the
Chancellor-Vice-Chancellor and the Rector) teachers and other servants of the
University, to define their duties and the conditions of their service, and to
provide for the filling of temporary vacancies in their posts; (xxv)to recognise a member of the
staff of an affiliated college or. recognised institution as a teacher of the
University and withdraw such recognition; (xxvi) to appoint examiners, to fix
their remuneration and to arrange for the conduct of, and for publishing the
results of the University examinations and other tests; (xxvii) to fix, demand and receive such
fees and other charges as may be prescribed by the Ordinances; (xxviii) to make, amend and cancel
Ordinances; (xxix) to accept, reject or. return to
the Academic Council for consideration but not amend. Regulations framed by the
Academic Council; (xxx)to exercise such other powers
and perform such other duties as may be conferred or imposed on it by or under
this Act; (xxxi) to delegate by Regulations any
of its powers to the -Vice-Chancellor; the Rector, the Registrar, or such other
officer of the University or a Committee appointed by it as it may deem fit. (2) The Executive Council shall make
a report to the Court about all acceptances or transfers of property referred
to in clauses (x) and (xi) of sub-section (1). (3) The Executive Council shall not
transfer or accept transfer of any immovable property without the previous sanction
of the Chancellor. (1) The Academic Council shall be
the academic body of the University consisting of the following members,
namely:- (i) the Vice Chancellor, (ii) the Rector, if any, (iii) the Chairmen of the Board of
Studies, (iv) the Chairman of the Madhya
Pradesh Board of Secondary Education, (v) Deans of Faculties, (vi) Principals of Colleges and
Schools of Studies other than Deans of faculties, (vii) five teachers of the University
to be appointed by the Chancellor according to rotation by seniority other than
those falling under items (v) and (vi), that at least two such teachers shall
be Professors, (viii) three persons, not being
employees of the University or of a college, co-opted by the Academic Council
for their special knowledge in subjects recognised by the University, (ix) three persons, none of whom
shall be an employee of the University or of a college elected by the Court
from amongst its members. (2) Fifteen members of the Academic
Council shall form a quorum. (3) The Academic Council shall have
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 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 have
the control and general regulation of, and be responsible for, the maintenance
of the standard of teaching, research and examinations within the University. (2) Without prejudice to the
generality of the foregoing provision, and subject to other provisions of this
Act and such conditions as may be prescribed under this Act. the Academic
Council shall exercise the following powers and perform the following duties,
namely:-- (i) to make Regulations in
consultation with the Boards of Studies concerned laying down courses of study; (ii) to make proposals for allocating
subjects to the Faculties and to assign Fellows and its own members to the
Faculties; (iii) to make proposals for the
establishment of departments, institutions of research and specialised studies,
libraries laboratories and museums; (iv) to make proposals for the
institution of professor -ships, readerships, lecturer ships and any other
posts of teachers required by the University and for prescribing the duties and
fixing the emoluments of such posts; (v) to make proposals for the
institutions of fellowships, scholarships, studentships, exhibitions, medals
and prizes and to make Regulations for their awards (vi) to make Regulations regarding
the examinations the University and the conditions on which the students shall
be admitted to such examinations. (vii) to determine and maintain the
standards of examinations. (viii) to make Regulations prescribing
equivalence of examinations: (ix) to make Regulations prescribing
the manner of granting exemptions from approved courses of studies in the
Universities or in affiliated colleges of recognised institutions for
qualifying for degrees, diplomas and other academic distinctions; (x) generally to advise the
Executive Council on all academic matters and in particular in respect of fees
paid to. examiners, the number, the qualifications and the emoluments of
teachers and admission of colleges to the privileges of the University; and (xi) to exercise such other powers
and perform such other duties as may be conferred or imposed on it by or under
this Act. (3) The Academic Council may appoint
a standing committee composed of not more than one-fifth of the total number of
members of the Academic Council. The constitution, powers and functions of the
said standing committee shall be determined by the Statutes. (1) The University shall have
faculties of Arts, Science, Law, Education. Engineering, Medicine, Ayurved,
Agriculture, Veterinary, Home Science, Commerce, Physical Education, Music and
Fine Arts and such other Faculties as may be prescribed by the Statutes. (2) Each Faculty shall consist of
such members and shall have such powers as may be prescribed by the Statutes. (3) There shall be a Dean for each
Faculty who shall be appointed by the Chancellor for a period of two years as
follows, namely:- (a) where amongst the Heads of the
University Depart-ment of studies there are one or more Professors or where
there is a Principal or Head of the post graduate department in a constituent
college then such. Professor, Principal or the Head of the post graduate
department, as the case may be, according to seniority determined in accordance
with the length of service; (b) where none of the Heads of the
Department of studies comprised in the faculty is a Professor or the Principal
or the Head of the post graduate studies then the senior most teacher
recognised by the University. (1) Each faculty shall comprise of
such Department of Study as may be prescribed by Ordinances. (2) There shall be a Head of the
Department for each Department of Study. (3) The Vice Chancellor shall
nominate one of the Professors and if there is no Professor, the Dean of the
Faculty shall act as the Head of such Department. (4) The terms and conditions of
appointment, duties and functions of the Head of the Department shall be
prescribed by the Ordinances. The constitution, powers and duties of such other
authorities as may be declared by the Statutes to be the authorities of the
University shall be provided for in the manner prescribed by the Statutes. (1) There shall be a Board of
Studies for every subject or group of subjects as may be prescribed by the
Statutes. (a) Each Board shall consist of-- (i) not more than three Heads of the
Departments in constituent colleges, schools of studies, and affiliated institutions
in the subjects for which the Board is constituted, nominated by the Academic
Council; (ii) such teachers in the said
subjects, appointed in such numbers and in such manner, as may be prescribed by
the Statutes; (iii) persons, who shall not be
teachers of the University to be co-opted by the Board not exceeding such
number as may be prescribed by the Statutes. (2) The Chairman of a Board shall be
nominated by the Vice-Chancellor- from amongst the members referred to in
clause (i) of sub-section (2). (3) The total number or members or a
Board or studies shall not be less then three and shall not exceed seven. To
increase the number beyond this the sanction of the Chancellor-will be
necessary. (1) There shall be such other Boards
in the University as may be prescribed by the Statutes. (2) The constitution, powers and
duties of the Boards shall be prescribed by the Statutes. (1) The University shall establish a
fund to be called the University Fund. (2) The following shall form part
of, or be paid into, the University Fund:-- (a) any contribution or grant by
Central or State Govern-ment; (b) the income of the University
from all sources including income from fees and charges; (c) trusts, bequests, donations,
endowments and other grants, if any; (d) all other sums received by the
University. (3) The University Fund shall be
kept in any Scheduled Bank as defined in the Reserve Bask of India Act, 1934
(No. II of 1934), or invested in securities authorised by the Indian Trusts Act,
1882 (No. II of 1882), at the discretion of the Executive Council. (4) Nothing in this section shall in
any way affect any obligations accepted by or imposed upon the University by
any declarations of trust executed by or on behalf of the University for the
administration of any trust. The University Fund shall be applicable to the
following objects, and in the following order:-- (a) to the repayment of debts
incurred by the University for the purposes of this Act and the Statutes, the
Ordinances and the Regulations made thereunder; (b) to the upkeep of colleges,
departments established by the University, residence and hostels; (c) to the payment of the cost of
audit of the University Fund; (d) to the expenses of any suit or
proceedings to which the University is a party; (e) to the payment of the salaries
and allowances of the officers and servants of the University, members of the
teaching staff and the establishment employed in the colleges and the
departments of the University for and in furtherance of the purposes of this
Act, and the Statutes, the Ordinances and the Regulations made thereunder and
to the payment of any provident fund contributions to any such officers and
servants, members of the teaching staff or the members of such establishments; (f) to the payment of the travelling
and other allowances of the members of the Court, Executive Council and the
Academic Council and any other authorities of the University or the members of
any Committee or Boards appointed by any of the authorities of the University
in pursuance of any provision of the Act, and the Statutes, the Ordinances, and
the Regulations made thereunder; (g) to the payment of any expenses
incurred by the University in carrying out the previsions of this Act, and the
Statutes, the Ordinances, and the Regulations made thereunder; and (h) to the payment of any other
expense, not specified in any of the preceding clauses, declared by the Court
to be the expense for the purposes of the University. (1) The Finance Committee shall
consist of the following members, namely:-- (i) the Vice Chancellor (Chairman), (ii) the Rector, if any, (iii) the Secretary to Government of
Madhya Pradesh, Education Department. (iv) the Secretary to Government of Madhya
Pradesh; Finance Department, (v) four members of the Executive
Council to be elected by the Executive Council at least two of whom shall be
the members elected to the Executive Council by the Court. (2) Three members of the Finance
Committee shall form a quorum. (3) The elected members of the
Finance Committee shall hold office for a term of three years. (4) In the absence of the Chairman,
the Finance Committee shall choose one of its members to preside at the
meeting. (5) A member of the Finance
Committee shall have the right to record a minute of dissent if he dissents
from his colleagues. (6) The Finance Committee shall meet
at least twice every year to examine accounts and proposals for expenditure. (7) The annual accounts and the
financial estimates of the University shall be laid before the Committee for
consideration and comments and thereafter submitted to the Executive Council
for approval. (8) The Finance Committee shall,
from time to time fix limit for the total recurring expenditure and total
non-recurring expenditure for the year, based on the resources of the
University which, in the case of productive works, may include the proceeds of
loans. No expenditure shall be incurred by the University in excess of the
limits so fixed without the previous approval of the Finance Committee. (9) No expenditure other than that
provided for in the budget shall be incurred by the University without the
previous approval of the Finance Committee. (10) The Finance Committee shall
exercise general super-vision over the funds of the University and shall advise
in regard to its financial policy. The annual accounts and the financial estimates
shall be considered by the Court at its annual meeting, and the Court may pass
resolutions with reference thereto and communicate the same to the Executive
Council which shall take them into consideration and take such action thereon
as it thinks fit. Subject to the provision of this Act, 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 ser-vice of the Vice Chancellor, his powers and duties; (d)
Powers and duties of the Rector, if any, the Registrar, and other officers and
servants of the University and the conditions of their service; (d) the constitution of a pension or
provident fund and the establishment of an insurance scheme for the benefit of
the officers, teachers and other employees of the University; (e) the holding of convocation to
confer degrees; (f) conferment of honorary degrees; (g) the withdrawal of degrees,
diplomas, certificates, and other academic distinctions; (h) the establishment and abolition
of Faculties, hostels, colleges, schools of studies and institutions maintained
by the University; (i) the conditions under which
colleges and other institutions may be admitted to the privileges of the
University and the withdrawal of such privileges; (j) qualification of Professors,
Readers. Assistant Professors, lecturers, and other teachers in affiliated
colleges, and recognised institutions; (k) the administration of
endowments, and the institution and conditions of award of fellowships,
scholar-ships, studentships, exhibitions, bursaries, medals, prizes and other
awards; (l) the classification and mode of
appointment of the teachers of the University; (m) the emoluments and terms and
conditions of service of the officers and the emoluments and terms and
conditions of service other than pay scales of teachers of the University; (n) the maintenance of a register of
registered graduates; (o) establishment and constitution
of Bureau for publications and translation in Hindi; and (p) all other matters which by this
Act are to be or may be provided for by the Statutes. (1) The first Statutes of the
University shall be pre-pared by a Committee to be constituted under section
41. (2) The Court may, from time to
time, make, amend or repeal any Statute by passing a Statute in the manner
herein-after appearing. (3) The Court may take into
consideration the draft of a Statute either on its own motion or on a proposal
made by the Executive Council. In the case of a draft which is not prepared by
the Executive Council, the Court shall, before considering the same, obtain the
opinion of the Executive Council: Provided that if the Executive Council fails to
submit its opinion within three months from the date it received the draft, the
Court may proceed to take the draft into consideration. (4) Where a draft is proposed by the
Executive Council, the Court may approve of such draft and pass the Statute or
reject it or return it to the Executive Council for reconsideration either in
whole or in part together with any amendment which the Court may suggest. (5) After any draft returned under
sub-section (4) has been further considered by the Executive Council together
with any amendment suggested by the Court it shall again be presented to the
Court with a report of the Executive Council thereon, and the Court may then
deal with the draft in any way it may think fit. (6) The Executive Council shall not
propose the draft of any Statute or of any amendment of a Statute or of the
repeal of any Statute:-- (a) affecting the status, power or
constitution of any authority of the University until such authority has been
given an opportunity of expressing an opinion upon the proposal; or (b) affecting the conditions of
admission of colleges to privileges of the University, until the Academic
Council has been given an opportunity of expressing an opinion upon the
proposal; and such opinion shall be
forwarded by the Executive Council to the Court along with any draft it may
propose. (7) Where the draft of any Statute
or any amendment of a Statute or the repeal of any Statute has not been
proposed by the Executive Council, the Court shall not lake into consideration
such draft if it affects-- (a) the status, power or
constitution of any authority of the University until such authority has been
given an opportunity of expressing an opinion upon the proposal; or (b) the condition of admission of
colleges to the privileges of the University, until the Academic Council has
been given an opportunity of expressing an opinion upon the proposal. (8) Every new Statute or addition to
the Statutes or any amendment or repeal of a Statute shall be submitted to the
Chancellor who may give or withhold his assent thereto or refer it back to the
Court for further consideration. (9) No Statute shall be valid or
come into force until assented to by the Chancellor. Subject to the provisions of this Act and the
Statutes, the Ordinances may provide for all or any of the following matters,
namely.-- (i) the admission of students to
colleges, schools of studies and laboratories and levy of fees and the
enrolment; (ii) the courses of study to be laid
down for all degrees, diplomas and certificates of the University; (iii) the degrees, diplomas,
certificates and other academic distinctions to be awarded by the University,
the qualification for the same, and the means to be taken relating to the
granting and obtaining of the same; (iv) the fees to be charged for
courses of study in the University and for admission to the examinations,
degrees and diplomas of the University; (v) the condition of the award of
fellowships, scholar-ships, studentships, exhibitions medals and prizes, etc.; (vi) laying down conditions for
appearing at examinations for degrees, diplomas, certificates and other
academic distinctions; (vii) laying down conditions for
conferral of degrees and other academic distinctions for research; (viii) the conduct of examinations
including the terms of office, and manner of appointment and duties of
examining bodies, paper setters, examiners and moderators: (ix) the maintenance of discipline
amongst the students of the University; (x) the conditions of residence of
the students of colleges, schools of studies and the levy of fees for residence
in hostels: (xi) the recognition and inspection
of hostels; (xii) 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; (xiii) giving of moral instruction; (xiv) the management of colleges and
other institutions founded or maintained by the University; (xv) the supervision and inspection
of colleges and other institutions admitted to the privileges of the
University; (xvi) number, qualification and
conditions of appointment including pay scales of teachers of the University; (xvii) the duties and powers of the
Boards and committees to be appointed by the University jointly with any other
University or body; (xviii) the rules to be observed and
enforced by affiliated colleges and recognised institutions in respect of
transfer of students; (xix) the registers of students to be
kept by affiliated colleges and recognised institutions; (xx) the duties of teachers of the
University; (xxi) the mode of execution of
contracts or agreement by or on behalf of the University and (xxii) all other matters which by this
Act or the Statutes are to be or may be provided for by the ordinances: Provided that no Ordinance under item (xvi) shall
be made without the prior approval of the State Government under Section 61. (1) All Ordinances except the first
Ordinance shall be made by the Executive Council. (2) Any Ordinance made by the
Executive Council shall be submitted to the Chancellor for his approval and he
may either sanction or disallow it. (3) Where an Ordinance has been
sanctioned by the Chancellor it shall come into effect on the date next
following the date of the sanction or such other prospective date as may be
specified by the Chancellor in this behalf. (4) Every Ordinance approved by the
Chancellor shall be laid before the Court. (5) The Ordinance shall cease to
have effect if the Court passes a resolution to that effect by a majority of
two-third of members present and voting from the date of such resolution. (1) Notwithstanding anything
contained in sub-section (1) of section 38 no Ordinance shall be made-- (a) affecting the admission of
students, or prescribing examinations to be recognised as equivalent to the
University examinations or the further qualifications mentioned in sub-section
(i) of section 44 for admission to the degree courses of the University, unless
a draft of the same has been proposed by the Academic Council; or (b) affecting conditions and mode of
appointments and duties of examiners and the conduct or standard of
examinations or any course of study except in accordance with a proposal of the
Faculty or Faculties concerned and unless a draft of such Ordinance has been
proposed by Academic Council; or (c) affecting the number,
qualifications and emoluments of teachers of the University unless a draft of
the same has been proposed by the Academic Council. (2) The Executive Council shall not
have power 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
presented to the Executive Council with a report of the Academic Council
thereon and the Executive Council may then deal with the draft in such manner
as it may think fit. (4) Where the Executive Council has
rejected the draft of an Ordinance-proposed by the Academic Council, the
Academic Council may appeal to the Chancellor and the Chancellor may by order
direct that the proposed Ordinance shall be laid before the next meeting of the
Court for its approval and may also direct that it shall have effect from such
date as may be specified in the order pending such approval. (5) The resolution of the Court
accepting or rejecting the Ordinance shall be final and shall have effect from
the date of the passing of the resolution. (1) The authorities and other bodies
of the University may make Regulations consistent with 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 quarum; (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 authorities or the committees appointed by them and not
provided for by this Act, the Statutes or the Ordinances. (2) Every authority and body of the
University shall make Regulations providing for the giving of notice to the
members of such authority of the dates of meetings and of the busing to be
considered at meetings and for keeping of a record of the proceedings of
meetings. (3) The Executive Council may modify
or annul any Regulation made under this section by any authority or body other
than the Court: Provided that any authority or body of the
University which is not satisfied with any such modification or annulment may
appeal to the Court whose decision in this matter shall be final. Notwithstanding anything in sections 38 and 40 the
first Statutes, Ordinances and Regulations shall be drawn up by a committee
consisting of the Vice Chancellor, Secretary to Government in the Law
Department, one person nominated by the Chancellor and one person nominated by
the State Government. These first Statutes. Ordinances and Regulations shall
come into force on such date as the Chancellor-may direct. Every student of the University shall reside in a
hostel, or elsewhere under such conditions as may be prescribed by the Statutes
and Ordinances. (1) Hostels other than those
maintained by the University shall be such as may be recognised by the
Executive Council on such general or special conditions as may be prescribed by
the Ordinances. (2) The wardens and the superintending
staff of the hostel shall be appointed in the manner prescribed by the Statute. (3) The condition of residence in
hostels shall be prescribed by the Ordinances, and every hostel shall be
subject to inspection by any authority or officer of the University authorised
in his 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
Ordinances: 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 unless they have passed the
final examination held under the Madhya Pradesh Secondary Education Act, 1959
(No. 10 of 1959), or an examination recognised in accordance with the
provisions of this section as equivalent thereto and possess such further
qualifications as may be prescribed by the Ordinances and have been enrolled as
students of the University. (2) The University may with the
previous sanction of the State Government, recognise for the purposes of
admission to a course of study for a degree as equivalent to its own degrees
and any degree conferred by any other University, or as equivalent to the final
examinations held under the Madhya Pradesh Secondary Education Act, 1959 (No.
10 of 1959), and other examination. (3) Unless exempted from the
provisions of this sub-section by a special order of the Executive Council made
on the recommendation of the Academic Council, no student shall be admitted to
a course of study leading up to a degree unless he is enrolled as a member of a
college, and any such exemption may be made subject to such conditions as the
Executive Council may think fit. (4) Students, exempted from me
provisions of sub-section's (3) and students admitted in accordance with the
conditions prescribed by the Ordinance to courses of study other than courses
of study leading to a degree; shall be non-collegiate students of the
University. (1) Subject to the provisions of the
Statutes, all arrangements for the conduct of examinations shall be made by the
Academic Council and all examiners shall be appointed by the Vice Chancellor
from the panel recommended by a 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 that body each year. (2) If during the course of an
examination any examiner becomes for any cause incapable of acting as such, the
Vice-Chancellor shall appoint an examiner to fill the vacancy. (3) The Academic Council shall
appoint examination committee consisting of members of its own body or other
persons, or both, as it thinks fit, to moderate examination questions to
prepare the results of examinations and to report such results to the Executive
Council for publication. (4) The Chairman of any such
Committee shall be appointed by the Academic Council from among its own body: (1) Every College shall furnish such
reports, returns and other information as the Executive Council, after
obtaining the opinion of the Academic Council, may require to enable it to
judge the efficiency of the colleges or institution. (2) The Executive Council shall
cause such college or institution to be inspected from time to time by one or
more competent persons authorised by the Executive Council in this behalf. (3) The Executive Council may call
upon any such college or institution so inspected to take, within a specified
period such action as may appear to it to be necessary. The following persons shall on payment of such
fees, as may be prescribed by the Statutes, be entitled to have their names
enrolled in the register of Registered Graduates to be (a) any graduate of the University
of atleast three years standing; (b) any graduate of at least three
year standing of any other University incorporated by law in India and residing
in Madhya Pradesh, maintained in such form as may be prescribed by the Statutes-- The annual report of the University shall be
prepared under the direction of the Executive Council and shall be submitted to
the Court on or before such date as may be prescribed by the Statutes, and
shall be considered by the Court at its annual meeting. The Court may pass
resolutions thereon and communicate the same to the Executive Council. (1) The accounts of the University
shall atleast once in every year at intervals of not more than fifteen months
be audited by the Examiner of Local Fund Accounts of the State. (a) The accounts, when audited,
shall be published in the Gazette and a copy of the accounts together with the
audit report shall be submitted by the Executive Council to the Court and the
State Government. If any question arises regarding the interpretation
of any provisions of this Act or of any Statutes Ordinance or regulation or as
to whether any person has been duly elected appointed as, or is entitled to be,
a member of any authority or other body of the University, the matter shall be
referred to the Chancellor whose decision thereon shall be final: Provided that before taking any such decision the
Chancellor shall give the person or persons affected thereby a reasonable
opportunity of being heard. Explanation.--In this section the expression
"body" includes any committee constituted by or under the Act. Where any authority of the University is given
power by this Act or the Statutes to appoint Committees, such Committees shall,
save as otherwise provided, consist of members of the authority concerned and
of such other persons, if any, as the authority in each case may think fit. Save as otherwise provided in this Act, all casual
vacancies among the members other than ex-officio members of any authority or
other body of the University shall be filled, as soon as conveniently may be,
by the person or body who appointed, elected or co-opted the member whose place
has become vacant, and the person appointed, elected or co-opted to a casual
vacancy shall be a member of such authority or body for the residue of the term
for which the person whose place he fills would have been a member. No act or proceedings of any authority or other
body of the University shall be invalidated on account of any vacancy in the
membership or any defect in the election, nomination or appointment of any
member of any authority or body of the University or any defect or irregularity
in any such act of proceeding not affecting the substance. (1) Every salaried. Officer and
teacher of the University shall be appointed under a written contract which
shall be lodged with the University and a copy thereof furnished to the officer
or teacher concerned. (2) Any dispute arising out of a.
contract between the University and any of its officers or teachers shall at
the request of the officer or the teacher concerned or at the instance of the
University, be referred by the Chancellor to a tribunal of arbitration
consisting of one member appointed by the Executive Council, one member
nominated by the officer or teacher concerned and an umpire appointed by the
Chancellor- and the decision of the tribunal shall be final. (1) The University shall constitute,
for the benefit of its officers, teachers, clerical staff and servants in such
manner and subject to such conditions as may be prescribed by the Statutes,
such pension, insurance and provident fund as it may deem fit. (2) Where any such pension,
insurance or provident fund has been so constituted or where any such pension,
insurance or provident fund has been constituted by a college under rules which
have been approved by the State Government, the State Government may declare
that the provisions of the Provident Funds Act, 1925 (No. XIX of 1925), shall
apply to such fund as if it were a Government Provident Fund. All acts and orders duly and in good faith done and
passed by the University or any of its authorities, bodies or officers shall be
final; and no suit shall be instituted against or damage claimed from the
University or its authorities, bodies or officers for anything purporting to be
done in pursuance of the Act, the Statutes, Ordinances and Regulations. All colleges within the territorial jurisdiction of
the University which immediately prior to the commencement of this Act were
admitted to the privileges of any other University established by law shall be
deemed to be admitted to the privileges of the University on the commencement
of this Act in accordance with the provisions thereof. Notwithstanding anything contained in this Act or
the Statutes, Ordinances and Regulations made thereunder-- (i) any student of a college situate
within the territorial limits of the University and affiliated to the Vikram
University; or (ii) any other student, who
immediately prior to the date of coming into force of this Act was studying or
was eligible, as the case may be. for any examination of the Vikram University,
shall be permitted to complete his course in preparation therefor, and the
University shall provide for such period not exceeding three years and in such
manner as may be prescribed by the Statutes for the instruction, teaching,
training and examination of such students in accordance with the course of
studies of the Vikram University. (1) Notwithstanding anything
contained in this Act, the first Vice Chancellor shall, for a period of one
year from the date of his appointment, have the following powers, namely:- (a) with the previous approval or
the Chancellor to make additional statutes to provide for any matter not provided
for by the first Statute; (b) to constitute provisional
authorities and bodies and on their recommendations to make rules providing for
the conduct of the work of the University; (c) subject to the control of the
State Government to make such financial arrangements as may be necessary to
enable this Act or any other part thereof to be brought into operation; (d) with the sanction of the
Chancellor to make such appointments as may be necessary to enable this Act or
any part thereof to be brought in operation; (e) with the previous sanction of
the Chancellor to appoint committees as he may think fit, to discharge such of
his functions as he may direct; and (f) generally to exercise all or any
of the powers conferred on the Executive Council by this Act or the Statutes. (2) Any orders passed by the Vice
Chancellor in exercise of the powers conferred by items (b), (d) and (e) of
sub-section (1) shall cease to have effect after the expiry of the period of
one year from the date of the appointment of the Vice Chancellor. No person shall be appointed by the Executive
Council as a salaried teacher of the University except on the recommendation of
a selection committee constituted for the purpose in accordance with the provisions
of the statutes. The payment of salaries to the teachers of the
University shall be in accordance with scales fixed by the Executive Council by
Ordinance with the prior approval of the State Government. No person shall impart instructions in the
University or in any college-- (a) unless such person possesses the
qualifications laid down by the Academic Council in that behalf; and (b) except in such subject or
subjects and up to the standard for which his qualifications have been approved
by the Academic Council. (1) The Professors, Readers, and
Assistant Professors respectively shall be of two classes, namely:-- (i) Appointed Professors, Readers,
and Assistant Professors, and (ii) Recognised Professors, Readers
and Assistant Professors. (2) "Appointed Professors,
Readers, and Assistant Professors" shall be either- (i) servants of the University paid
by the University and appointed by the Executive Council as Professors. Readers
or Assistant Professors; or (ii) persons appointed by the
Executive Council as Honorary Professors, Readers or Assistant Professors for
their scholarship and high intellectual attainments. (3) Recognised Professors, Readers
and Assistant Professors shall be such members of the staff of colleges, not
maintained by the University as may be recognised by the Executive Council as
Professors, Readers and Assistant Professors in accordance with the provisions
contained in section 64. (1) The head of a college not
maintained by the University on behalf of a member of the staff of such college
or any such member may apply to the Executive Council for recognising such
member as a Professor, Reader or Assistant Professor, if he- (i) possesses such qualifications as
may be laid down by the Academic Council as necessary for qualifying a teacher
for imparting instructions to post-graduate classes; (ii) receives or is to be paid salary
according to the scale approved by the University respectively for Professors,
Readers and Assistant Professors of constituent colleges not maintained by the
University. (2) On receipt of such application,
the Executive Council shall forward it to the Committee constituted under
section 60. (3) The Committee referred to in
section 60 shall, as soon as may be, consider the application and return the
same with its recommendations to the Executive Council. (4) The Executive Council shall thereupon
pass orders in terms of the advice of the Committee referred to in sub-section
(3)— (5) Notwithstanding anything
contained in the foregoing sub-sections, a teacher satisfying the
qualifications under subsection (1) who has been employed in his institution
either on-the recommendation of the State Public Service Commission or the
Executive Council shall, on making an application, be recognised by the
Executive Council as Professor, Reader or Assistant Professor, as the case may
be. (1) Whenever in accordance with this
Act any person is to hold an office or be a member of any authority by rotation
according to seniority, such seniority in the absence of any provision to the
contrary in the Act shall be determined in accordance with Statutes. (2) Whenever any person becomes a
member of any authority by virtue of the office held by him, he shall forthwith
cease to be a member of such authority if he ceases to hold such office before
the expiry of the term of his membership: Provided that he shall not be deemed to have ceased
to hold his 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, the Executive Council, the Academic Council or
any other University Authority or Committee, or a Dean of a Faculty may resign
by 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 University,
whether salaried or other-wise, other than a Dean may resign his office by
letter address-ed to the Registrar. Such resignation shall take effect only
from the date on which the same is accepted by the authority competent to fill
the vacancy. (1) In sub-section (1) of the
section 5 of the University of Sagar Act, 1945 (XVI of 1946), for the words
"Rewa Tikamgarh and Datia" the words "Rewa and Tikamgarh"
shall be Substituted. (2) In sub-section (1) of section 5
of the Madhya Bharat Vikram University Act, 1955 (18 of 1955), the words
"Gwalior", "Morena", "Bhind, Guna, and Shivpuri"
shall be omitted. If any difficulty arises as to the first
constitution or reconstitution of any authority of the University after the
commencement of this Act or otherwise in first giving effect to the provisions
of this Act, the State Government as occasion may require may by order do.
anything which appears to it necessary for the purpose of removing the
difficulty.THE JIWAJI UNIVERSITY ACT, 1963
PREAMBLE