Chapter 1 1

(1) On and from the appointed day and for a period of seven years thereafter, the management of the institute shall vest in the State Government : Provided that if the State Government is of opinion that in order to secure the proper management of the Institute it is expedient that such management should continue to vest in the Government after the expiry of such period of seven years, it may from time to time, issue directions for the continuance of such management for such period not exceeding one year at a time as it may think fit. (2) The Institute shall be deemed to include all the assets, rights, leaseholds, powers, authorities and privileges, and all property (movable and immovable), including lands, buildings, works, workshops, projects, stores, instruments, machinery, automobiles and other vehicles, cash balances, funds, including reserve funds, investments and book debts of the Society as form part of, or are relatable to Institute and all other rights and interests arising out of such properties as were immediately before the appointed day in the ownership, possession, power or control of the Society, and all books of account, registers, maps, plans and all other documents of whatever nature relating thereto : Provided that if any building was immediately before the appointed day also used by the Society for any purpose other than the purpose of the Institute, the State Government may allow use of such building for that purpose.

Notwithstanding anything contained in any other law for the time being in force or in the memorandum or the rules and regulations of the Society,- on and from the appointed day every member of the Governing Body of the Society, by whatever name called, shall cease to exercise any powers of management in relation to Institute; it shall not be lawful for the Society or any other person to nominate or appoint any person as Manager or Director of so much of the assets of the Society as form part of, or are relatable to Institute; no resolution in relation to Institute passed at any meeting of the members of the Society shall be given effect to unless it is approved by the State Government; no proceedings for the dissolution of the Society or merger of the Society with any other Society or for the appointment of a receiver in respect of any asset forming part of, or relatable to the Institute the management of which has vested in the State Government under Section 3, shall lie in any Court except with the consent of the State Government.

(1) The State Government shall, as from the appointed day, appoint a person or a body of persons as the Administrator for the purpose of taking over the management of the Institute and the Administrator shall carry on the management of the Institute in accordance with the advice of the Advisory Council. (2) The Administrator may authorise such person as he thinks fit also to exercise all or any of the powers exercisable by him under this Act and different persons may be authorised to exercise different powers, and subject to the general or special directions given or imposed by the Administrator, the person so authorised to exercise any power of the Administrator may exercise those powers in the same manner and with the same effect as if they had been conferred on that person directly by this Act and not by way of authorisation. (3) If, on the appointed day, any suit, appeal or other proceeding of whatever nature, in relation to any property which has vested in the State Government under Section 3, instituted or preferred by or against the Society is pending, the same shall not abate, be discontinued or be, in any way, prejudicially affected by reason of the taking over of the management of Institute or of anything contained in this Act but the suit, appeal or other proceeding may be pursued, prosecuted or enforced by or against the State Government. The State Government may issue such directions (including directions as to initiating, defending or continuing any legal proceedings before any Court, Tribunal or other authority) to the Administrator, as to his powers and duties as the Government may deem desirable and the Administrator may apply to the State Government at any time for instructions as to the manner in which he shall conduct the management of the Institute or in relation to any matter arising in the course of such management. Subject to the other provisions of this Act and the rules made thereunder and to the control of the State Government, the Administrator shall be entitled, notwithstanding anything contained in the Madhya Pradesh Society Registrikaran Adhiniyam, 1973 (No. 44 of 1973), or in any other law for the time being in force to exercise, in relation to the Institute, the powers of the Governing Body or Executive Committee or, as the case may be, of the Board of Trustees of the Society, including the powers to dispose of any property or assets of the Society, whether such powers are derived from that Act or from memorandum and rules and regulations of the Society or from any other source. The Administrator and the other persons authorised by him under sub-Section (2) shall receive from the funds of the Society relatable to the Institute such remuneration as the State Government may fix.

(1) The State Government shall constitute, by notification a Council to be called the Advisory Council. (2) The Advisory Council may on its own motion or on a reference made to it by the State Government advice the State Government on any matter concerning the management of the Institute. (3) In tendering any advice to the State Government, the Advisory Council shall endeavour to secure that- standard of Engineering Education is maintained; institute is properly managed; and such other matters pertaining to the institute as may be prescribed. (4) The Advisory Council, shall consist of such number of members not exceeding eleven as may be appointed by the State Government five from amongst persons, who in its opinion are connected with technical education and the rest from amongst the Executive Officers of the State. (5) The Minister having the charge of the Department dealing with Engineering Colleges and/or Polytechnics shall be the Chairman of the Advisory Council.

(1) Every person having, on the appointed day, in his possession, custody or control any property forming part of, or relatable to Institute shall deliver forthwith such property to the Administrator or to any officer or other employee of the State Government as may be authorised by the State Government in this behalf. (2) Any person who has, on the appointed day, in his possession or under his control any books, papers or other documents relating to Institute (including the minutes books containing resolutions in relation to the Institute adopted by persons incharge of the management of the Society before the appointed day), the current cheque books relating to Institute any letters, memoranda, notes and other communications between him and the Society, shall, notwithstanding anything contained in any other law for the time being in force, be liable to account for the books, papers and other documents (including such minutes books, cheque books, letters, memoranda, notes and other communications) to the Administrator or to such person (being an officer or other employee of the State Government) as may be authorised by the State Government in this behalf. (3) Every person in-charge of the management of Institute immediately before the appointed day shall, within ten days from that day or within such further period as the State Government may allow in this before furnish to the Administrator a complete inventory of all the properties and assets (including particulars of donations received, book debts, investment, and belongings) forming part of, or relatable to, Institute immediately before the appointed day and of all the liabilities and obligations of the Society in relation to Institute subsisting immediately before that day and also of all agreements entered into by the Society in relation to Institute and in force immediately before the appointed day.

(1) If at any time it appears to the State Government that the purpose for which the management of Institute had been taken over have been fulfilled or that for any other reason it is not necessary that the management of Institute should remain vested in the State Government, it may, notwithstanding anything contained in sub-section (1) of Section 3, by order published in die Gazette, relinquish the management of the Institute with effect from such date as may be specified in the order. All liabilities of the State Government in relation to the Institute shall cease on such date. (2) On and from the date specified in the order made under sub-section (1) the management of the property of the Society forming part of, or relatable to, Institute shall vest in the Governing Body (by whatever name called) of the Society and such management shall be carried on in accordance with the provisions of the Madhya Pradesh Society Registrikaran Adhiniyam, 1977 (No. 44 of 1973) so however that the steps, if any, in relation to the management of the property of the Society forming part of, or relatable to, Institute, may be taken after issue of the order made under sub-section (1).

(1) If any dispute or doubt arises as to whether any asset, right, lease-hold, power authority, privilege, property (whether movable or immovable) including any land, building works, workshop, project, stores, instruments, machinery, automobiles or other vehicles, cash balances, funds (including reserve funds) investments and book debts forms or form part of, or is or are relatable to Institute for the purposes of Section 3, such dispute or doubt shall, at the request of the Society or the Administrator or any other person interested or at the instance of the State Government be referred to a Tribunal consisting of one member (being a person who is or has been a District Judge) to be appointed by the State Government. (2) The Tribunal shall, for the purposes of any reference under sub section (1), have all the powers of a Civil Court while trying a suit under the Code of Civil Procedure, 1908 (No. 5 of 1908) in respect of the following matters, namely summoning and enforcing the attendance of any person and examining him on oath; requiring the discovery and production of documents producible as evidence; recording evidence on oath; requisitioning any public record from any Court or office; issuing commissions for the examination of witnesses or documents; such other matter as may be prescribed. (3) The Tribunal shall have power to regulate its own procedure in all matters arising out of the discharge of its functions (including the place or places at which it shall hold its sittings). (4) All expenses incurred in connection with the Tribunal shall be defrayed out of the Consolidated bund of the State.

Any person aggrieved by the decision of the Tribunal under Section 9 may, within thirty days from the date of such decision, prefer an appeal to the High Court; Provided that the High Court may entertain the appeal after the expiry of the said period of thirty days if it is satisfied that the appellant had sufficient cause for not preferring the appeal within the period aforesaid.