Madhya Pradesh Ayurvigyan Vishwavidyalaya Adhiniyam, 2011

1.

1. (1) This Act may be called the Madhya Pradesh Ayurvigyan Vishwavidyalaya Adhiniyam, 2011.
2. (2) It extends to the whole of the State of Madhya Pradesh.
3. (3) It shall come into force on such date as the State Government may, by notification, appoint.

2. In this Act, unless the context otherwise requires:-

1. (a) "Academic Council" means the Academic Council of the University;
2. (b) "affiliated college or school" means an institution admitted to the privileges of the University in accordance with the provisions of this Act and the Statutes;
3. (c) "autonomous college or school" means an institution declared as autonomous institution by the Executive Council in accordance with the provisions of this Act;
4. (d) "Board of Studies" means the Board of Studies of the University;
5. (e) "Central Council of Homoeopathy" means the Homoeopathy Central Council established under the Homoeopathy Central Council Act, 1973 (No. 59 of 1973);
6. (f) "Central Council of Indian Medicine" means the Central Council of Indian Medicine constituted under the Indian Medicine Central Council Act, 1970 (No. 48 of 1970);
7. (g) "Chancellor" means the Chancellor of the University;
8. (h) "College" or "school" means an institution maintained by, or admitted to the privileges of the University by or under the provisions of this Act;
   • (i) "Court" means the Court of the University;
9. (j) "Dean/Principal" means the head of the college or school and includes, when there is no Dean/Principal, the person for the time being duly appointed to act as Dean/Principal;
10. (k) "Department" means a Department of Studies and includes a Centre of Studies;
11. (l) "Dental Council of India" means the Dental Council established under the Dentist Act, 1948 (No. 16 of 1948);
12. (m) "employee" means any person appointed by the University and includes teachers and other staff of the University;
13. (n) "Executive Council" means the Executive Council of the University;
14. (o) "Faculty" means Faculty of the University;
15. (p) "Head of a University department" means the head of the teaching department maintained by the University for imparting instruction to the students of the University and includes the Director or Dean/Principal of any college or school maintained by the University for the promotion of research or for imparting instruction to the students;
16. (q) "Head of college or school department" means the head of any department of a college or school;
17. (r) "Hostel" means a unit of residence or of corporate life for the students of the University, or of a college or school provided, maintained or recognised by the University; "Indian Nursing Council" means the Nursing Council established under the Indian Nursing Council Act, 1947 (No. 48 of 1947);
18. (t) "Medical Council of India" means the Medical Council established under the Indian Medical Council Act, 1956 (No. 102 of 1956);
19. (u) "Other Backward Classes" means the Other Backward Classes as specified by the Government of Madhya Pradesh vide Notification No. F-85-xxv-4-84, dated the 26th December, 1984 as amended from time to time;
    • (v) "Paramedical Council" means the Paramedical Council established under the Madhya Pradesh Sah Chikitsiy Parishad Adhiniyam, 2000 (No. 1 of 2001);
20. (w) "person connected with the University" means an employee of the University or a college or a school or a member of any authority or body of the University or of the management of the college or school;
    • (x) "registered graduate or diploma holder" means a graduate or diploma holder registered or deemed to be registered under the provisions of this Act;
21. (y) "School of Studies" means an institution maintained by the University as a place of higher learning and research;
22. (z) "Scheduled Castes" means the Scheduled Castes as specified in relation to the State of Madhya Pradesh under article 341 of the Constitution of India;
23. (za) "Scheduled Tribes" means the Scheduled Tribes as specified in relation to the State of Madhya Pradesh under article 342 of the Constitution of India;
24. (zb) "Secretary to Government" includes Additional Chief Secretary to Government and Principal Secretary to Government;
25. (zc) "State Government" means the Government of Madhya Pradesh in Medical Education Department;
26. (zd) "Statutes, Ordinances and Regulations" means the Statutes, Ordinances and Regulations of the University;
27. (ze) "Teachers of the University" means Professors, Associate Professors, Readers, Assistant Professors, Lecturers and such other persons as may be appointed for imparting instruction or conducting research, with the approval of the Academic Council in the University or any college or school or any institution maintained or recognised by the University;
28. (zf) "University" means the Madhya Pradesh Ayurvigyan Vishwavidyalaya;
29. (zg) "Vice-Chancellor" means the Vice-Chancellor of the University;
30. (zh) "VYAPAM" means Vyavasayik Pariksha Mandal, Madhya Pradesh, Bhopal.

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.

34.

1. (1) The University shall establish a fund to be called the University fund.
2. (2) The following shall form part of, or be paid into the University 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 University from all sources including income from fees and charges;
   • (d) all other sums received by the University.
3. (3) The University 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 authorized by the Indian Trusts Act, 1882 (No. 1 of 1882), at the discretion of the Executive Council.
4. (4) Nothing in this section shall, in any way, affect any obligations accepted by or imposed upon the University by any declaration of trust executed by or on behalf of the University for the administration of any trust.

35.

1. (1) 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 purpose of this Act and the Statutes, Ordinances and Regulations made thereunder;
   • (b) to the upkeep of colleges, teaching departments and schools of studies established by the University, residences 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 University is a party;
   • (e) to the payment of salaries and allowances of the officers and employees of the University, members of the teaching staff and the establishment employed in the colleges maintained by the University for and in furtherance of the purposes of this Act, and the Statutes, Ordinances and Regulations made thereunder and to the payment of any Provident Fund contributions, gratuity and other benefits to any such officers and employees, members of the teaching staff or the members of such establishment;
   • (f) to the payment of the traveling and other allowances of the members of the Executive Council, the Academic Council and any other authorities of the University or the members of any Committee or Board appointed by any of the authorities of the University in pursuance of any provision of this Act and the Statutes, Ordinances and Regulations made thereunder;
   • (g) to the payment of fellowships, scholarships, studentships and other awards to students;
   • (h) to the payment of any expenses incurred by the University in carrying out the provisions of this Act and the Statutes, Ordinances and the Regulations made thereunder;
     • (i) to the payment of any other expenses not specified in any of the preceding clauses declared by the Executive Council to be the expenses for the purpose of the University.
2. (2) No expenditure shall be incurred by the University in excess of the limits for total recurring expenditure and total non-recurring expenditure for the year fixed by the Executive Council without the previous approval of the Executive Council.
3. (3) No expenditure other than that provided for in the budget shall be incurred by the University without the previous approval of the Executive Council.

41 .(1) The authorities, committees and other bodies of University constituted by or under this Act may make regulations, subject to the provisions of this Act, the Statutes and the Ordinances-

1. (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 University shall be the number forming the majority of the members constituting such authority, committee or other body of the University for the time being;
2. (b) providing for all matters which, by this Act, the Statutes or the Ordinances, are to be prescribed by Regulations; and
3. (c) providing for all other matters solely concerning such authority, or other body or the committees appointed by them and not provided for by this Act, the Statutes or the Ordinances.

1. (2) Every authority, committee and body of the University shall make regulations providing for the giving of notice to the members of such authority, committee or body of the date of meeting and of the business to be considered at meeting and for keeping the minutes of the meeting.
2. (3) The Executive Council can modify or annul any Regulations made under this section by any authority, committee or body, other then the Court : Provided that any authority, committee or body of the University which is not satisfied with any modification or annulment may appeal to the Chancellor whose decision in this matter shall be final.

42.

1. (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 held under the Madhya Pradesh Madhyamik Shiksha Adhiniyam, 1965 (No. 23 of 1965), 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.
2. (2) The University may with the previous sanction of the State Government, recognize for the purposes of admission to a course of study for a degree or diploma as equivalent to its own degrees or diplomas and any degree or diploma conferred by any other university or Board as equivalent to the final examination held under the Madhya Pradesh Madhyamik Shiksha Adhiniyam, 1965 (No. 23 of 1965), or any other examination.
3. (3) No student shall be admitted to a course of study leading upto a degree unless he is enrolled as a student in a college, school, institution, teaching department or school of studies.

43.

1. (1) Subject to the provisions of the Statutes, all examiners and moderators of examination questions shall be appointed by the Vice-Chancellor in consultation with 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 the Vice-Chancellor.
2. (2) If during the course of an examination, an examiner becomes for any cause, incapable of acting as such, the Vice-Chancellor shall appoint any other examiner to fill the vacancy.

44.

1. (1) Every college or school 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 college or school.
2. (2) The Executive Council shall cause such college, school or institution to be inspected from time to time by one or more competent persons authorized by the Executive Council in this behalf.
3. (3) The Executive Council may call upon any such college, school or institution so inspected to take within a specified period, such action as appears to it to be necessary.

45. Only graduates or diploma holders of the University 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 and diploma holders, to be maintained in such form as may be prescribed by the Statutes.

46. 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 resolution thereon and communicate the same to the Executive Council. The University 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 Legislative Assembly.

47.

1. (1) The Accounts of the University 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. (2) The copies 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.

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.

53. If any question arises regarding the interpretation of any provision 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 University, the matter shall be referred to Chancellor whose decision thereon shall be final : Provided that before taking any such decision the Chancellor 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,

1. (a) "body" includes any committee constituted by or under this Act;
2. (b) "appointed" does not include appointments to the salaried posts of the University.

54. 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.

55. 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 University 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.

56. No act or proceeding of any authority, committee or body of the University shall be invalid merely by reason of,

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

57.

1. (1) Every salaried officer and teacher of the University paid by 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. (2) Any dispute regarding service matters arising out of contract or otherwise between the University and any of its salaried employees shall be adjudicated upon by the Vice-Chancellor and an appeal against the Vice-Chancellor's decision shall lie to the Chancellor, who shall decide the dispute himself or refer it to a tribunal constituted for the purpose consisting of the following members, namely :
   • (i) a Vice-Chancellor of any of the university of the State;
   • (ii) the Secretary to Government of Madhya Pradesh in charge of Medical Education Department or Ayush Department;
   • (iii) the Director, Medical Education Madhya Pradesh or Director Indian System of Medicine and Homoeopathy.

58. The University 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 benefits as it may deem fit.

59. No suit, prosecution or other legal proceedings shall lie against any officer, teacher or other employee of the University for anything which is in good faith done or intended to be done by him under this Act, or the Statutes, Ordinances or Regulations.

60. No person shall impart instruction in the University or any college,

1. (a) unless such person possesses the qualifications laid-down by the Academic Council in that behalf; and
2. (b) except in such subject or subjects and upto the standard for which his qualifications have been approved by the Academic Council.