Chapter IX APPOINTMENT TO TEACHING POSTS IN THE UNIVERSITY

48.

1. (1) No person shall be appointed-
   • (i) as a Professor, Associate Professor, Reader, Assistant Professor or Lecturer , or
   • (ii) to any other teaching post of the University paid by the University except on the recommendation of a committee of selection constituted in accordance with sub-section
2. (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 or institution maintained by the University, the Executive Council may make such appointment without obtaining the recommendation of the committee of selection constituted under sub-section
3. (2) but the person so appointed shall not be retained on the same post for a period exceeding six months or appointed to another post in the service of the University except on the recommendation of the said committee of selection.
4. (2) The members of the committee of selection shall be-
   • (i) the Vice-Chancellor, who shall be the Chairman;
   • (ii) one expert to be nominated by the Chancellor from a panel submitted by the Academic Council of three experts in the subject, not connected with the University in any manner whatsoever;
   • (iii) three subject experts not connected with the University in any manner whatsoever, to be nominated by the Chancellor : Provided that at least one of the three experts shall be nominated from the Scheduled Tribes, Scheduled Castes or Other Backward Classes and in case of non-availability of an expert from these categories, one Administrative Officer not below the rank of Divisional Commissioner, who belongs to these categories shall be nominated;
   • (iv) the Secretary of Medical Education Department or Ayush Department, Government of Madhya Pradesh, as the case may be, or his nominee.
5. (3) Three members of the committee of selection shall form the quorum.
6. (4) The committee shall investigate the merits of the various candidates and shall recommend to the Executive Council the names, if any, of persons whom it considers suitable for the posts, arranged in order of merit : Provided that no recommendation shall be made, unless at least two experts nominated under clause
   • (iii) of sub-section
7. (2) are present in the meeting in which such recommendation is to be decided upon.
8. (5) Out of the names so recommended under sub-section (4), the Executive Council shall appoint persons in order of merit.

49. The payment of the salaries to the teacher of the University paid by the University shall be in accordance with scales fixed by the Executive Council by Ordinance with the prior approval of the State Government.

51.

1. (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 University cannot be carried out in accordance with the provisions of this Act, without detriment to the interests of the University and it is expedient in the interest of the University so to do, it may, by notification, for reasons to be mentioned therein, direct that the provisions of Sections 12, 13, 21 to 25, 27 and 41 shall, as from the date specified in the notification (hereinafter in this section referred to as the "appointed date"), apply to the University subject to the modifications specified in the Schedule.
2. (2) The notification issued under sub-section
3. (1) (hereinafter referred to as "the notification") shall remain in operation for a period of twelve months from the appointed date and the State Government may, from time to time, by a like notification, extend the period by such further period as it may think fit so however that the total period of operation of the notification does not exceed one year.
4. (3) As from the appointed date, the following consequences shall ensue, namely:,
   • (i) during the period of operation of the notification this Act shall have effect subject to the modifications specified in the Schedule;
   • (ii) the Vice-Chancellor holding office immediately before the appointed date, shall, notwithstanding that his term of office has not expired, vacate his office;
   • (iii) every person holding office as member of the Court, the Executive Council or the Academic Council, as the case may be, immediately before the appointed date shall cease to hold that office;
   • (iv) until the Court, the Executive Council or the Academic Council, as the case may be, is reconstituted in accordance with the provisions as modified, the Vice-Chancellor appointed under Section 12 and 13 as modified, shall exercise the powers and perform the duties conferred or imposed by or under this Act, on the Court, the Executive Council or Academic Council : Provided that the Chancellor may, if he considers it necessary so to do, appoint a committee consisting of an educationist, an administrative expert and a financial expert to assist the Vice-Chancellor, so appointed in exercise of such powers and performance of such duties.
5. (4) The Chancellor shall simultaneously with the issue of the notification appoint the Vice-Chancellor under Sections 12 and 13 as modified and the Vice-Chancellor so appointed shall hold office during the period of operation of the notification : Provided that the Vice-Chancellor may notwithstanding the expiration of the period of operation of the notification, continue to hold office thereafter until his successor enters upon office but this period shall not exceed one year.
6. (5) Before the expiration of the period of operation of the notification or immediately as early as practicable thereafter, the Vice-Chancellor shall take steps to constitute the Court, Executive Council and Academic Council in accordance with the provisions of the Act, as unmodified and the Court, Executive Council and Academic Council so constituted shall begin to function on the date immediately following the date of expiry to the period of operation of the notification or the date on which the respective bodies are so constituted, whichever is later : Provided that if the Court, Executive Council and Academic Council are not constituted before the expiration of the period of operation of the notification, the Vice-Chancellor shall on such expiration, exercise the powers of each of these authorities subject to prior approval of the Chancellor till the Court, Executive Council or Academic Council, as the case may be, is so constituted.

52. On expiration of the period of operation of the notification issued under section 51, the provisions of this Act, as modified in application to the University 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,

1. (a) previous operation of or anything done or suffered under the provisions as modified or any order made thereunder; or
2. (b) any right, privilege, obligation or liability acquired, accrued or incurred under the provisions as modified or any order made thereunder; or
3. (c) any investigation or remedy in respect of any such right, privilege, obligation or liability as aforesaid, and such investigation or remedy may be instituted or enforced as if the modified provisions had not ceased to apply.