section 51
State Government of Assume Financial Control in Certain Circumstances
The Madhya Pradesh Vishwavidyalaya Adhiniyam, 1973Education197376 sections
Statutory text
- (1) If the State Government is satisfied that owing to maladministration or financial mismanagement in the University a situation has arisen whereby financial stability of University has become insecure, it may, by a notification, declare that the finances of such University shall be subject to the control of the State Government.
- (2) Every Notification issued under sub-section (1) shall, in the first instance, remain in operation for a period of one year from the date specified in the notification and the State Government may, from time to time, by a like notification extend the period of operation by such further period as it may think fit, provided that the total period of operation does not exceed three years.
- (3) During the period the notification issued under Sub-Section (1) remains in operation, the executive authority of the State Government shall extend to the giving of directions to the said University to observe such canons of financial propriety as may be specified in the direction and to the giving of such other directions as the State Government may deem necessary and adequate for the purpose.
- (4) Notwithstanding anything contained in this Act, any such direction may include:
- (i) a provision requiring the submission of the budget to the State Government for sanction;
- (ii) a provision requiring the University to submit every proposal involving financial implications to the State Government for sanction;
- (iii) a provision requiring the submission of every proposal for revision of scales of pay and rates of allowances of the officers, teachers and other persons employed by the University to the State Government for sanction;
- (iv) a provision requiring the reduction of salaries and allowances of all or any class of persons employed by University;
- (v) a provision requiring the reduction in the number of officers, teachers and other Persons employed by University;
- (vi) a provision requiring the lowering down of scales of pay and rates of allowances;
- (vii) a provision in regard to such other matters as may have the effect of reducing the financial strain on the University.
- (5) Notwithstanding anything contained in this Act, it shall be binding on every authority of the University and every officer of the University to give effect to the direction given under this section.
- (6) Every officer of the University shall be personally liable for misapplication of any fund or property of the University as a result of noncompliance of the direction given under this section to which he shall have been a party or which shall have happened through or been facilitated by gross neglect of his duty as such officer, and the loss so incurred shall, on a certificate issued by the Secretary to Government, Madhya Pradesh Education Department, be recovered from such officer as an arrear of land revenue; Provided that no action to recover the amount of loss as an arrear of land revenue shall be taken until reasonable opportunity has been given to the person concerned to furnish an explanation and such explanation has been considered by the State Government.
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