MADHYA PRADESH ASHASKIYA SHIKSHAN SANSTHA ANUDAN KA PRADAYA ADHINIYAM, 1978
(1) This Act may be called The Madhya Pradesh Ashaskiya Shikshan Sanstha 1[Anudan Ka Pradaya] Adhiniyam, 1978.
(2) It extends to the whole of the State of Madhya Pradesh.
(3) It shall come into force on such date as the State Government may, by notification, appoint.
(4) Save as otherwise provided in this Act, it shall apply to all institutions falling under clause (e) of Section 2.
(5) An institution to which this Act applies under sub-section (4) shall, with respect to matters provided for in this Act to be governed by the provisions of this Act notwithstanding anything to the contrary contained in any contract or document or in any other enactment for the time being in force.
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In this Act, unless the context otherwise requires,--
(a) "Appointed date" means the date appointed by notification under sub-section (3) of Section 1;
(b) "Competent Authority" means an authority appointed by the State Government, by notification for discharging the functions of competent authority under this Act;
1[(c) "Education officer" means the District Education Officer or any other officer of the State Government or any teacher serving in the institution not below the rank of Principal or Head Master by whatever name called, appointed by the State Government as such for the purposes of this Act;]
(d) "Employee" means an employee of the institution other than a teacher 2[***] shown on the pay roll of the institution against a post as being in
(1) As from the appointed date, notwithstanding any contract to the contrary, the salary of a teacher or other employee of any institution in respect of any month or part thereof, 1[* * *] shall be paid to him before the expiry of the 20th day or such earlier day of the month next following the month or part thereof as may be specified by the State Government by a general or special order :
Provided that nothing in this Section shall apply to a teacher or an employee specified in clause (c) of Section 6 till an order approving the appointment is passed thereunder.
(2) The salary shall be paid without deduction of any kind except those authorised by or under this Act or any other law for the time being in force. this Section show that the Institutional fund was constituted mainly for the purpose of disbursement of salary of teachers and e
The Education Officer may at any time, for the purpose of this Act, inspect or cause to be inspected any institution or call for such information, returns and records (including registers, books of account and vouchers) from its management with regard to the payment of salaries to its teachers or employees or in respect of such ancillary matters or give to its management any direction for the observance of such canons of financial propriety, as he thinks fit.
1[(1) There shall be opened in an nationalised bank, a separate account which shall be constituted as a separate fund for the Institution (hereinafter referred to as the Institutional Fund) in accordance with the rules made in this behalf.
(2) The grant as fixed by the State Government, from time to time, shall be payable to the institution as a block grant. The grant shall be given to the institution after furnishing by it the utilisation certificate of the previous grant alongwith detailed audited account and annual account statement.
(3) The management shall place at the credit of the Institutional Fund by the last day of every month the total amount of fees recovered from the students of the Institution.
(4) In addition to the fee deposited under sub-section (3), the management shall place
Notwithstanding anything contained in any law for the time being in force or any rules, regulations, bye-laws, statutes or regulations made there under,--
(a) on and from the appointed date,--
(i) no post of a teacher or other employee shall be created 1[***] and no teacher or other employee shall be recruited without following the procedure prescribed in this behalf;
(ii) the teachers or employees shall have such qualifications and experience as may be prescribed; and
(iii) 2[no teacher or other employee shall be dismissed or removed from service or his services terminated except by an order passed after following such procedure as may be prescribed]:
Provided that a teacher or other employee may prefer
No suit, prosecution or other legal proceeding shall lie against the State Government, the Education Officer, the competent authority or any other person duly authorised by it in respect of anything, which is in good faith done or intended to be done in pursuance of this Act or any rule, order or direction made or given thereunder.
Notwithstanding anything contained in the Act, the State Government may, by general or a special order and subject to such conditions, if any, as it may deem fit to impose, exempt any institution or class of institutions from all or any of the provisions of this Act.
Any sum which is required to be credited by the management of any institution to the institutional fund under 1[sub-section (3)] of Section 5 may, if not credited to the said fund, within the period specified therein be recovered from the management of such institution in the same manner as an arrear of land revenue.
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1. Substituted by M. P. Act No. 24 of 1981 (w.e.f. 20-7-81).
(1) The State Government may, by notification, make rules for carrying out the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing powers, such rules may provide for all or any of the following matters, namely :--
(a) the constitution of institutional fund under sub-section (1) of Section 5;
(b) 1[***]
(c) the procedure to be followed in recruitment of teachers or other employees under sub-clause (i) of clause (a) of Section 6;
(d) the qualifications and experience which teachers and employees shall have under sub-clause (ii) of clause (a) of Section 6;
2[(e) (i) the procedure to be followed for passing an order
If any difficulty arises in giving effect to the provisions of this Act the State Government may, by order, not inconsistent with the provisions of this Act, remove the difficulty :
Provided that no such order shall be made after the expiry of a period of two years from the commencement of this Act.
In its application to the institutions to which this Act applies, the Madhya Pradesh Society Registrikaran Adhiniyam, 1973 (No. 44 of 1973), shall be subject to the modifications specified in the Schedule hereto annexed.
THE SCHEDULE
[See Section 12]
MODIFICATIONS IN THE MADHYA PRADESH SOCIETY REGISTRIKARAN ADHINIYAM, 1973
1. Insertion of new Section 31-A.--
In "Chapter VII-Inquiry and supersession", before Section 32, the following Section shall be deemed to be inserted, namely :--
"31-A. In this Chapter "Registrar" shall mean Education Officer within the meaning of clause (c) of Section 2 of the Madhya Pradesh Ashaskiya Shikshan Sanstha 1[Anudan Ka Pradaya] Adhiniyam, 1978".
2. Amendment of Section 33.--
For clause (a) of sub-section (1) of Section 33, the following clause shall be deemed to be substituted, namely:--
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