Chapter II THE UNIVERSITY

3.

1. (1) The Chancellor and the first Vice-Chancellor of the University and the first members of the Court, Executive Council and the Academic Council thereof shall constitute the University and the University so constituted shall be a body corporate by the name of the Madhya Pradesh Medical Science University.
2. (2) The University shall have perpetual succession and a common seal and shall sue and be sued by the said name.
3. (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 purposes of the University and to contract and do all other things necessary for the purpose of this Act.
4. (4) The headquarter of the University shall be at Jabalpur.

4. The University shall inter alia have the following main objectives:-

1. (a) to provide a system of health education capable of responding to the changing requirements of health and allied health manpower;
2. (b) to bring about qualitative improvement in teaching and learning processes;
3. (c) to provide congenial environment for consultancy, continuing education and research and development activities;
4. (d) to develop strong links with different health bodies and imparting health education for mutual benefits;
5. (e) to provide necessary help to institutions to encourage entrepreneurship amongst students;
6. (f) to maintain live contact with alumni and develop alumni sponsored programmes.

5. Subject to the provision of this Act, the University shall have the following powers, namely :-

1. (i) to provide for instruction in such branches of learning as the University may, from time to time, determine and to make provision for research and for the advancement and dissemination of knowledge;
2. (ii) to organise laboratories, libraries, museums and other equipments for teaching and research;
3. (iii) to establish colleges, schools, teaching departments, schools of studies, centers of studies, hostels and guest houses and maintain and manage such establishments; (iv)

1. (a) to institute Professorships, Associate Professorships, Readerships, Assistant Professorships, Lecturerships and any other academic posts required by the University and to appoint persons to such posts in accordance with the provisions of this Act;
2. (b) to appoint persons working in any other University or organisation as teachers of the University for a specified period;
   • (v) to recognize teachers as qualified to give instruction in institutions;
   • (vi) to recognize eminent persons to guide research;
   • (vii) to lay down the courses of instruction for various examinations;
   • (viii) to institute degrees, diploma, certificates and other academic distinctions;
   • (ix) to grant, subject to such conditions as the University may determine, diplomas or certificates and confer degrees and other academic distinctions on the basis of examinations, evaluation or any other method of testing: Provided that no person shall be admitted to an examination leading to any degree or diploma of the University, unless such person, if he had offered a subject for such examination for which a course of practical work is prescribed, has completed such work in a college or school of the University and produces a certificate of such completion from the head of the teaching department or school of studies or the Dean/Principal of the college or school;
   • (x) to confer degrees, diplomas, certificates and other academic distinctions on persons who have carried on research under conditions laid down in the Ordinances;
   • (xi) to withdraw degrees, diplomas, certificates and other academic distinctions for good and sufficient reasons;
   • (xii) to confer honorary degrees or other academic distinctions on approved persons in the manner prescribed in the Statutes;
   • (xiii) to provide such lectures and instruction for and to grant such diplomas and certificates to persons who are not enrolled as students of the University, as the University may determine;
   • (xiv) to admit to its privileges colleges or school not maintained by the University, to withdraw all or any of these privileges and to take over the management of colleges or schools in the manner and under conditions prescribed by the Statutes or the Ordinances;
   • (xv) to declare a teaching department of the University, school of studies, college or school as autonomous college or school: Provided that the extent of the autonomy which each such teaching department of the University, school of studies or college or school may have, and the matters in relation to which it may exercise such autonomy, shall be such as may be prescribed by the Statutes;
   • (xvi) to conduct, co-ordinate, regulate and control teaching and research work in the colleges or schools recognised by the University;
   • (xvii) to recognize hostels not maintained by the University and withdraw any such recognition in the manner prescribed in the Statutes and the Ordinances; (xviii) to inspect colleges or schools or institutions and to take measures to ensure that proper standards of instruction, teaching and training are maintained therein;
   • (xix) to promote with special care the educational interest of the weaker sections of people and in particular of the Scheduled Castes, the Scheduled Tribes and the Other Backward Classes;
   • (xx) to provide to the teachers and alumni of the University facilities of refresher and vocational courses;
3. (xxi) to co-operate and collaborate with other Universities and authorities in such manner and for such purposes as the University may determine;
4. (xxii) to make provision for -
5. (a) extra-mural teaching and extension service;
6. (b) correspondence Courses;
7. (c) sports and athletic activities;
8. (d) social service schemes;
9. (e) Nations Cadet Corps;
10. (f) students Union; (xxiii) to provide for training for competitive examinations for services under the Union or State Governments and such other training as may contribute to national development;
11. (xxiv) to institute and manage-
12. (a) Information Bureau;
13. (b) Employment Bureau;
14. (c) Printing and Publication Department;
15. (xxv) 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;
16. (xxvi) to demand and receive payment of such fees and other charges which may be prescribed by the Ordinances; (xxvii) to prescribe and control the fees and other charges which may be received or recovered by colleges; (xxviii) to create administrative, ministerial and other necessary posts and to make appointments thereto;
17. (xxix) to exercise control over the salaried officers, teachers and other employees of the University in accordance with the Statutes and Ordinances;
18. (xxx) to hold and manage trusts and endowments and to institute and award fellowships, scholarships, exhibitions, bursaries, medals and other awards;
19. (xxxi) to receive donations and grants and to invest funds in accordance with the provisions of this Act; (xxxii) with the prior approval of the State Government to borrow on the security of University property or money for the purposes of the University; (xxxiii) to determine standards for admission to the University which may include, examination, evaluation or any other method of testing wherever list of selected candidates are not provided by the "VYAPAM"; (xxxiv) to make special arrangements in respect of women students as the University may consider desirable;
20. (xxxv) to make arrangements for promoting the health and general welfare of employees; (xxxvi) to do all such acts and things, whether incidental to the powers aforesaid or not, as may be requisite in order to further the objects of the University.

6.

1. (1) The jurisdiction of the University shall extend to the whole of the State of Madhya Pradesh.
2. (2) Notwithstanding anything contained in any other law for the time being in force, any college or school or institution imparting education in Medical, Dental, Nursing, Ayurvedic, Unani, Homeopathy, Yoga, Naturopathy, Siddh, Paramedical and other allied subjects situated within the limits of the area specified under sub-section
3. (1) shall, with effect from such date as may be notified in this behalf by the State Government, be deemed to be associated with and admitted to the privileges of the University and shall cease to be associated with other University or Board in the manner prescribed by the Statutes or Regulations.
4. (3) Nothing contained in this section shall apply in case of,
   • (a) the colleges or schools or institutions which have not been approved by the Medical Council of India, Dental Council of India, Indian Nursing Council, Central Council of Homeopathy, Central Council of Indian Medicine or Paramedical Council, as the case may be, or the Government of Madhya Pradesh;
   • (b) teaching department of any University engaged in teaching of Medical, Dental, Nursing, Ayurvedic, Unani, Homeopathy, Paramedical, Yoga, Naturopathy, Siddh or allied subjects;
   • (c) the colleges or schools or institutions maintained by, or affiliated to, a University or Board established by the Central Government.

11.

1. (1) The Governor of Madhya Pradesh shall be the Chancellor of the University.
2. (2) The Chancellor shall by virtue of his office, be the Head of the University and the President of the Court and shall when present preside at the meetings of the Court or at any convocation of the University.
3. (3) The Chancellor may,
   • (a) call for any papers 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 53 for reconsideration to any officer or authority of the University, that has previously considered such matter.
4. (4) The Chancellor may, by an order in writing annul:,
   • (a) any proceedings of any officer, authority, committee or body of the University constituted by or under this Act, which is not in conformity with this Act, the Statutes, the Ordinances or the Regulations; or
   • (b) any proceedings of any authority, committee or other body which has been referred to him by the Vice-Chancellor under sub-section
5. (7) of Section 14, if he is satisfied that such proceedings are prejudicial to the interest of the University : Provided that before making such order he shall call upon the officer, authority, committee or body concerned to show cause why such an order should not be made and if any cause is shown within the time specified by him in this behalf he shall consider the same.
6. (5) Where the Chancellor passes an order annulling the proceedings under sub-section (4), he may make such subsequent order in relation thereto in conformity with this Act, Rules, Statutes, Ordinances or Regulations, as he may deem fit in the interest of the University and the order so made shall be final.
7. (6) Every proposal to confer an honorary degree shall be subject to the confirmation of the Chancellor.
8. (7) The Chancellor shall exercise such powers as may be conferred on him by or under this Act.

12.

1. (1) The Vice-Chancellor shall be appointed by the Chancellor from a panel of not less than three distinguished persons in the field of health education recommended by the committee constituted under sub-section
2. (2) or sub-section
3. (6) : Provided that if the person or persons approved by the Chancellor out of those recommended by the 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 appointed by the Chancellor in consultation with the State Government : Provided also that no person who has attained the age of sixty-six years shall be eligible for appointment or reappointment as Vice-Chancellor.
4. (2) The Chancellor shall appoint a committee consisting of the following persons, namely:,
   • (i) One person elected by the Executive Council;
   • (ii) One person nominated by the State Government;
   • (iii) One distinguished person from the field of health education nominated by the Chancellor. The Chancellor shall appoint one of the three persons to be the Chairman of the committee.
5. (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 and the State Government to choose their nominee and if any or both of them fail to do so within one month of the receipt of the Chancellor's communication in this regard, the Chancellor may further nominate anyone or both the persons, as the case may be.
6. (4) No person who is connected with the University or any college or school shall be elected or nominated on the committee under sub-section (2).
7. (5) The committee shall submit the panel within six weeks from the date of its constitution or such further time not exceeding four weeks as may be extended by the Chancellor.
8. (6) If for any reasons the committee constituted under sub-section
9. (2) fails to submit the panel within the period specified in sub-section (5), the Chancellor shall constitute another committee in accordance with the provisions of sub-section
10. (2) to (5).

13.

1. (1) 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 such as determined by the State Government.
2. (2) The Vice-Chancellor shall hold office for a term of four years or till attaining the age of seventy years, whichever is earlier 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. (3) If at any time upon representation made or otherwise and after making such enquiries as may be deemed necessary, it appears to the Chancellor that the Vice-Chancellor,
   • (i) has made default in performing any duty imposed on him by or under this Act; or
   • (ii) has acted in a manner prejudicial to the interest of the University; or
   • (iii) is incapable of managing the affairs of the University; the Chancellor may notwithstanding the fact that the term of office of the Vice-Chancellor has not expired, by an order, in writing, stating the reasons therein, require the Vice-Chancellor to relinquish his office as from such date as may be specified in the order.
4. (4) No order under sub-section
5. (3) shall be passed unless the particulars of the grounds on which such action is proposed to be taken are communicated to the Vice-Chancellor and he is given a reasonable opportunity of showing cause against the proposed order.
6. (5) As from the date specified in the order under sub-section (3), the Vice-Chancellor shall be deemed to have relinquished the office and the office of the Vice-Chancellor shall fall vacant.
7. (6) In the event of the occurrence of any vacancy including a temporary vacancy in the office of the Vice-Chancellor by reason of his death, resignation, leave, illness or otherwise, the Rector and if no Rector has been appointed or Rector is not available, the Dean of any faculty nominated by the Chancellor for that purpose shall act as the Vice-Chancellor until the date on which the Vice-Chancellor appointed under sub-section
8. (1) of Section 12 enters or re-enters, as the case may be, upon office :

Powers and duties of Vice Chancellor 14.

1. (1) The Vice-Chancellor shall be the principal administrative and academic officer of the University. He shall be an ex-officio member and Chairman of the Executive Council and of the Academic Council and Chairman of such other authorities, committees and bodies 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, committee or other body of the University, but shall not be entitled to vote thereat unless he is a member of the authority, committee or body concerned.
2. (2) It shall be the duty of the Vice-Chancellor 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. (3) The Vice-Chancellor shall have the power to convene meetings of the Executive Council, the Academic Council and of such other authorities, committees and bodies of the University of which he is the Chairman. He may delegate this power to any other officer of the University.
4. (4) If in the opinion of the Vice-Chancellor any emergency has arisen which requires immediate action to 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, committee 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 : Provided further that where any such action taken by the Vice-Chancellor affects any person in the service of the University, such person shall be entitled to prefer, within thirty days from the date on which such action is communicated to him, an appeal to the Executive Council : Provided also that this power shall not extend to matters regarding amendment in the Ordinances, Statutes, Regulations or any matter relating to appointments.
5. (5) On receipt of a report under sub-section
6. (4) if the authority, committee or body concerned does not approve the action taken by the Vice-Chancellor it shall refer the matter to the Chancellor whose decision thereon shall be final.
7. (6) The action taken by the Vice-Chancellor under sub-section
8. (4) shall be deemed to be the action taken by the appropriate authority until it is set aside by the Chancellor on a reference made under sub-section
9. (5) or is set aside by the Executive Council on an appeal under the second proviso to sub-section (4).
10. (7) If in the opinion of the Vice-Chancellor, any proceeding of any authority, committee or other body of the University is likely to be prejudicial to the interest of the University, he shall record his reasons and refer the matter to the Chancellor and also inform the authority, committee or other body concerned whereupon the decision of the authority, committee or other body concerned shall not be given effect to till the matter is decided by the Chancellor under sub-section
11. (4) of section 11.
12. (8) 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.
13. (9) The Vice-Chancellor shall exercise such other powers as may be prescribed by the Statutes, Ordinances and Regulations.

15. It shall be the duty of the first Vice-Chancellor of the University to constitute Court, Executive Council, Academic Council and other authorities of the University within a period of two years from the date of establishment of the University and till the said authorities are constituted, the Vice-Chancellor 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 Chancellor 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 Vice-Chancellor in the exercise of his powers and performance of functions in lieu of each such authority.

16.

1. (1) Rector shall be appointed by the Executive Council on the recommendation of the Vice-Chancellor. If the Executive Council does not accept the recommendation of the Vice-Chancellor the matter shall be referred to the Chancellor whose decision thereon shall be final.
2. (2) The Rector shall be a salaried officer of the University. The emoluments and the conditions of his service shall be such as determined by the State Government.
3. (3) The term of office of the Rector shall be such as may be prescribed by the Statutes and till so prescribed, as may be determined by the Chancellor. (4)

26

1. (1) The Chancellor shall constitute a Finance Committee for the University, consisting of the following members, namely:-
   • (i) the Vice-Chancellor;
   • (ii) the Registrar;
   • (iii) the Finance Officer of the University;
   • (iv) Secretaries in charge of Medical Education and Ayush Departments, Government of Madhya Pradesh or their nominees not below the rank of Deputy Secretary;
   • (v) Secretary in charge of Finance Department, Government of Madhya Pradesh or his nominee not below the rank of Deputy Secretary.
2. (2) The Finance Committee shall control the finances of the University.
3. (3) Subjects to the provisions of this Act, the Statutes, Ordinances and Regulations made thereunder the Finance Committee shall exercise the powers and perform the functions as under:-
   • (a) to review income and expenditure of the University;
   • (b) to prepare the annual financial estimates of the University before the commencement of the financial year and place it before the Executive Council for approval and to advise amendment therein from time to time;
   • (c) to sanction proposals and take decisions on the income and expenditure of the University;
   • (d) to get the annual accounts and the annual audit of the University completed in time, and in the light of the audit report, order appropriate directions.
4. (4) Three members shall form the quorum out of which presence of Vice-Chancellor and one member either from clause
   • (iv) or
   • (v) of sub-section
5. (1) shall be essential.

31.

Academic Planning and Evaluation Board 32.

1. (1) The Academic Planning and Evaluation Board shall consist of the following members, namely:-
   • (i) the Vice-Chancellor Chairman;
   • (ii) the Rector Member;
   • (iii) all Deans of Faculty Member;
   • (iv) three Heads of University Departments and Schools of Studies nominated by the Vice-Chancellor Member;
   • (v) three college professors nominated by the Vice-Chancellor Member;
   • (vi) three scholars of repute not connected with the University nominated by the Chancellor Member;
   • (vii) three Heads of Department nominated by the Vice-Chancellor Member.
2. (2) One-third of the members of the Board shall form a quorum.
3. (3) The term of the Academic Planning and Evaluation Board shall be three years.
4. (4) The Academic Planning and Evaluation Board shall have the following powers and perform the following duties, namely:-
   • (i) to prepare the short-term and long-term plan of the University;
   • (ii) to consider and forward to the Executive Council with its recommendations the research projects and academic programmes proposed by the Faculty or Faculties concerned and to bring about inter-faculty co-ordination for taking up projects on inter-faculty basis;
   • (iii) to suggest new academic programmes of the Faculties and to do academic evaluation of affiliated colleges and schools and institutions of the University from time to time;
   • (iv) to make proposals for the establishment of departments, institutions of research and specialized studies, laboratories and museums;
   • (v) to make proposals for the institution of teaching posts and for prescribing the duties of such posts;
   • (vi) to evaluate from time to time the working of the University teaching departments and schools of studies;
   • (vii) to evaluate periodically the progress of the plan.

33.

1. (1) There shall be such other Boards in the University as may be prescribed by the statutes.
2. (2) The constitution, term, powers and duties of the Boards constituted under sub-section
3. (1) shall be such as may be prescribed by the Statutes.