Bare Act
The Madhya Pradesh Bhoj (Mukta) Vishwavidyalaya Adhiniyam 1991
1. Short title, extent and commencement
(1) This Act may be called the Madhya Pradesh Bhoj (Mukta) Vishwavidyalaya Adhiniyam, 1991. (2) It extends to the whole of Madhya Pradesh. (3) It shall come into force on such date as the State Government may, by notification, appoint.
2. Definitions
In this Act and the Statutes made thereunder, unless the context otherwise requires- (a) "Academic Council" means the Academic Council of the University; (b) "Commission" means the Madhya Pradesh Uchcha Shiksha Anudan Ayog constituted under section 3 of the Madhya Pradesh Uchcha Shiksha Anudan Ayog Adhiniyam, 1973 (No. 21 of 1973); (c) "Management Board" means the Management Board of the University; (d) "Coordination Committee" means the Committee constituted under section 34 of the Madhya Pradesh Vishwavidyalaya Adhiniyam, 1973 (No. 22 of 1973); (e) "Department" means a Department of the University of the subject concerned; (f) "Distance Education System" means the system of imparting education through broadcasting, telecasting, audio-visual methods, communication tools such as visual systems, correspondence courses, seminars, contact programmes or a combination of any two or more of such means; (g) "Employee" means any person appointed by the University and includes teachers and other academic staff of the University; (h) "Finance Committee" means the Finance Committee of the University; (i) "Vice-Chancellor" means the Vice-Chancellor of the University; (j) "Planning Board" means the Planning Board of the University; (k) "Regional Centre" means a centre established or maintained by the University for the purpose of coordinating and supervising the work of study centres in any region and for performing such other functions as may be conferred on such centre by the Management Board; (l) "Regulations" means the regulations made by any authority of the University under this Act for the time being in force; (m) "Statutes" and "Ordinances" means respectively the Statutes and Ordinances of the University for the time being in force; (n) "Student" means a student of the University and includes any person who has enrolled himself for pursuing any study programme of the University; (o) "Study Centre" means a centre established, maintained or recognized by the University for the purpose of counseling, advising or for rendering such other assistance as may be required by the students; (p) "Teacher" means a Professor, Reader, Assistant Professor and such other person as may be appointed for imparting instruction or conducting or rendering guidance or assistance to students for pursuing any study programme of the University and designated as such by the Ordinances, and includes part-time and full-time teachers of Regional Centres or Study Centres; (q) "University" means the Madhya Pradesh Bhoj (Mukta) Vishwavidyalaya established under this Act; (r) "Indira Gandhi National Open University" means the University established under section 3 of the Indira Gandhi National Open University Act, 1985 (No. 50 of 1985); (s) "University Grants Commission" means the Commission established under the University Grants Commission Act, 1956 (No. 3 of 1956); (t) Words and expressions defined in the Madhya Pradesh Vishwavidyalaya Adhiniyam, 1973 (No. 22 of 1973) in Section 4 shall bear the same meaning as they have in that Act.
3. Establishment and incorporation of the University
(1) A University by the name of "Madhya Pradesh Bhoj (Mukta) Vishwavidyalaya" shall be established. (2) The headquarters of the University shall be at Bhopal and it may establish or maintain Regional Centres and Study Centres at such places as it may deem fit. (3) The first Vice-Chancellor and the first members of the Management Board, the Academic Council, the Planning Board and all such persons as may hereafter become such officers or members, so long as they continue to hold such office or membership, are hereby constituted a body corporate by the name of "Madhya Pradesh Bhoj (Mukta) Vishwavidyalaya". (4) The University shall have perpetual succession and a common seal and shall sue and be sued by the said name.
4. Objects of the University
The objects of the University shall be as follows:- (i) to advance and disseminate learning and knowledge by a diversity of means, including the use of any communication technology; (ii) to provide opportunities for higher education to a large segment of the population and generally to promote the educational well-being of the community; (iii) to promote the open university and distance education systems in the educational pattern of the State.
5. Powers of the University
(1) The University shall have the following powers, namely:- (i) to provide for instruction and research in such branches of knowledge, technology, professions and vocations as the University may determine from time to time; (ii) to plan and prescribe courses of study for degrees, diplomas, certificates or for any other purpose; (iii) to organize examinations and to award degrees, diplomas, certificates or other academic distinctions or recognitions to persons who have successfully completed the study programme in the manner prescribed by the Statutes and Ordinances; (iv) to determine the manner in which distance education may be organized in relation to the academic programmes of the University; (v) to institute professorships, readerships, assistant professorships and other academic posts required for imparting instructions or for preparing academic material or for the conduct of such academic activities, including guidance of courses, their outline, preparation and presentation and the evaluation of work done by students, and to appoint persons to such posts; (vi) to cooperate with and seek the cooperation of other universities and other institutions of higher learning, professional bodies and organizations for such purposes as the University may consider necessary; (vii) to institute and award fellowships, scholarships, prizes and such other awards for recognition of merit as the University may deem fit; (viii) to establish and maintain such Regional Centres as may be determined by the University from time to time; (ix) to establish, maintain or recognise Study Centres in the manner prescribed by the Statutes; (x) to provide for the preparation of instructional material, including films, cassettes, tapes, video cassettes and other software; (xi) to organize and conduct refresher courses, workshops, seminars and other programmes for teachers, course writers, evaluators and other academic staff; (xii) to recognize the examinations or periods of study of other universities, institutions or places of higher learning (either wholly or partly) as equivalent to the examinations or periods of study of the University and to withdraw such recognition at any time; (xiii) to provide for sponsored research and development in educational technology and related subjects; (xiv) to create administrative, ministerial and other necessary posts and make appointments thereto; (xv) to receive benefactions, donations and gifts for the purposes of the University and to acquire, hold, maintain, or dispose on any movable or immovable property, including trust and government property; (xvi) with the prior approval of the State Government, to borrow money for the purposes of the University on the security of the property of the University or otherwise; (xvii) to enter into, carry out, vary or cancel contracts; (xviii) to demand and receive such fees and other charges as may be prescribed by the Ordinances; (xix) to provide for the control and maintenance of discipline among the students and all categories of employees and to prescribe conditions of service of such employees, including codes of conduct; (xx) to appoint on contract or otherwise visiting professors, distinguished professors, consultants, scholars, artists, course writers and such other persons who can contribute to the advancement of the objectives of the University; (xxi) to recognize persons working in other universities, institutions or organizations as teachers of the University on such terms and conditions as may be prescribed by the Ordinances; (xxii) to determine standards for admission to the courses of study of the University and specify conditions which may include any other mode of testing, evaluation or examination; (xxiii) to provide for the general health and well-being of the employees; (xxiv) to do all such other acts as may be necessary or incidental to the exercise of all or any of the powers of the University as may be necessary or conducive to promote all or any of the objects of the University. (2) Notwithstanding anything contained in any other law for the time being in force, but without prejudice to the provisions of sub-section (1), it shall be the duty of the University to take all such measures as it may deem fit for the promotion of the open university and distance education systems, and for the determination of standards of teaching, evaluation and research in such systems. The University shall make efforts for cooperation with the Indira Gandhi National Open University for the implementation of its objectives and shall, as far as possible, comply with the academic norms and standards prescribed by it for the open study system.
6. University to be open to all classes, castes and creeds
The University shall not discriminate against any citizen of India on grounds of religion, race, caste, sex, place of birth, political or other opinion in the exercise of the powers conferred or imposed on it by or under this Act.
7. Officers of the University
The following shall be the officers of the University: (1) The Chancellor; (2) The Vice-Chancellor; (3) The Director; (4) The Registrar; (5) The Finance Officer; and (6) such other officers as may be declared by the Statutes to be the officers of the University.
8. The Chancellor
(1) The Governor of Madhya Pradesh shall be the Chancellor of the University. (2) Subject to the provisions of sub-sections (3) and (4), the Chancellor shall have the right to cause an inspection to be made by such person or persons as he may direct, of the University, its buildings, laboratories and equipment, and of any Regional Centre, any Study Centre, and also an inspection of the examinations, teaching and other works conducted or done by the University, and to cause an inquiry to be made in the like manner in respect of any matter connected with the administration and financial resources of the University. (3) Where an inspection or inquiry has been caused by the Chancellor, the University shall be entitled to appoint a representative who shall have the right to be present and to be heard at such inspection or inquiry. (4) The Chancellor may address the Vice-Chancellor with reference to the results of such inspection or inquiry with such views and advice as the Chancellor may wish to express with regard to the action to be taken thereon, and on receipt of the address of the Chancellor, the Vice-Chancellor shall immediately inform the Management Board of the results of the inspection or inquiry and the views of the Chancellor and the advice tendered by him with regard to the action to be taken. (5) The Management Board shall inform the Chancellor, through the Vice-Chancellor, of the action, if any, which it proposes to take or has taken with regard to the results of such inspection or inquiry. (6) Where the Management Board does not within a reasonable time take action to the satisfaction of the Chancellor, the Chancellor may, after considering any explanation furnished or representation made by the Management Board, issue such directions as he may deem fit and the Management Board shall be bound to comply with such directions. (7) Without prejudice to the foregoing provisions of this section, the Vice-Chancellor may, by an order in writing, annul any proceeding of the University which is not in conformity with this Act, the Statutes or the Ordinances: Provided that before issuing any such order, he shall call upon the University to show cause why such an order should not be made, and if any cause is shown within a reasonable time, he shall consider the same. (8) The Chancellor shall have such other powers as may be specified by the Statutes.
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