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RAJIV GANDHI PROUDYOGIKI VISHWAVIDYALAYA ADHINIYAM, 1998

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S.1 Short title, extent and commencement

       (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.


S.2 Definitions

       In this Act, unless the context otherwise requires-- 
       (i) "Vishwavidyalaya" means the Rajiv Gandhi Proudyogiki Vishwavidy alaya;
       (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

S.3 Incorporation of 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.
   

S.4 Objects

       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.


S.5 Powers of Vishwavidyalaya

       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

S.6 Jurisdiction

       (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

S.7 Prohibition of discrimination in all matters connected with Vishwavidyalaya

       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 :
   

S.8 Teaching in Vishwavidyalaya

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.


S.9 Inspection of Vishwavidyalaya

       (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, teaching 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 respe

S.10 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.


S.11 Kuladhipati and his powers

       (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--
    

S.12 Appointment of Kulpati

       (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;
     &n

S.13 Emoluments and conditions of service of Kulpati, terms of office of and vacancy in the office of 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

S.14 Powers and duties of Kulpati

       (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

S.15 Powers and duties of the first Kulpati

       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.


S.16 The Rector

       (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 Regulation

S.17 Recruitment through Technical Education Service

       1[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. Substituted by M.P. Act No. 17 of 2003.


S.18 The Registrar

       (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 Statu

S.19 Dean of Students' Welfare

       (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.


S.20 Other Officers

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.


S.21 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.


S.22 Constitution of Court

       (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;
 &nbs

S.23 Meetings of Court and quorum thereat

       (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.


S.24 Powers and duties of Court

       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

S.25 Executive Council

       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
    &n

S.26 Powers and duties of Executive Council

       (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 a

S.27 Finance Committee

       (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

S.28 Academic Council

       (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;
       

S.29 Powers and duties of Academic Council

       (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;
   &

S.30 Faculties

       (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 a

S.31 Board of Studies

       (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.


S.32 Powers and functions of Board of Studies

The Board of Studies shall have such powers and perform such functions as may be prescribed by the Statutes.


S.33 Academic Planning and Evaluation Board

       (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-thi

S.34 Board to be constituted

       (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 be prescribed by the Statutes.


S.35 Vishwavidyalaya Funds

       (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,

S.36 Objects to which Vishwavidyalaya Fund may be applied

       (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 teaching staff and the establishment employed in the col

S.37 Statutes

       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 powe

S.38 Statutes how made

       (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

S.39 Ordinances

       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 app

S.40 Ordinances how made

       (1) All ordinances except the first Ordinance shall be made by the Executive Council.
       (2) An Ordinance made by the Executive Council shall come into force from the date on which it is approved by the Kuladhipati.


S.41 Procedure regarding Ordinances

       (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 Vishwavi

S.42 Regulations

       (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) pro

S.43 Residence of students

Every Student of the Vishwavidyalaya shall reside in hostel or elsewhere under such conditions as may be prescribed by the Statutes and Ordinances.


S.44 Hostels

       (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

S.45 Admission to Vishwavidyalaya Courses

       (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

S.46 Appointment of Examiners and Moderators

       (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.


S.47 Inspection of Colleges and Polytechnics and reports

       (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.


S.48 Registered graduates a diploma holders

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.


S.49 Annual Reports

       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 date as may be prescribed by the Statutes and shall be considered by the Court at its annual meeting. The Court may pass resolution thereon and communicate the same to the Executive Council.
       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.


S.50 Audit of Accounts

       (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.


S.51 Appointment to teaching posts

       (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 serv

S.52 Salaries of teachers paid by Vishwavidyalaya

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


S.53 State Government to assume financial control in certain circumstances

       (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 does not exceed three years.
       (3) During the period the notification issued under sub-section (1) remain in operation, the executive authority of

S.54 Powers of State Government to apply Act in modified form with a view to provide for better administration of Vishwavidyalaya in certain circumstances

       (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 peri

S.55 Effect on expiration of the period of operation of notification under Section 54

       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, obli

S.56 Dispute as to constitution of Vishwavidyalaya authorities and bodies

       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 himself 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

S.57 Constitution of Committees

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.


S.58 Filling of causal vacancies

       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.


S.59 Proceedings of Vishwavidyalaya and bodies not invalidated by vacancies

       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 defect in the election, nomination or appointment of a person acting as a member thereto; or
       (c) any irregularity in its procedure not affecting the merits of the case.


S.60 Conditions of service

       (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 Se

S.61 Pension and Provident Fund

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.


S.62 Protection of action taken in good faith

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.


S.63 Approval for imparting instructions

       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.


S.64 Classification of Teachers

       (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 o

S.65 Terms of Office of members of authority of the Vishwavidyalaya

       (1) Wherever in accordance with this Act, any person is to hold an office or to be a member of any authority, by rotation according to seniority, such seniority in the absence of any provisions to the contrary in the Act, shall be determined in accordance with the Statutes :
       Provided that, till the Statutes are made, the seniority in 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) Whoever 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

S.66 Resignation of member or officers of Vishwavidyalaya

       (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.


S.67 Disqualifications for being member of authority

       (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

S.68 Power to remove member from register of graduates or diploma holders or any authority or body of the Vishwavidyalaya

       (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-sh

S.69 Removal of difficulties

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.


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