section 52
Powers of State Government to Apply Act in Modified form with a View to Provide better Administration of University in Certain Circumstances
The Madhya Pradesh Vishwavidyalaya Adhiniyam, 1973Education197376 sections
Statutory text
- (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 can not be carried out in accordance with the provisions of the 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 section 13, 14, 20 to 25, 40, 47, 48, 54 and 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 modifications specified in the Third Schedule.
- (2) The notification issued under sub-section (1) (hereinafter referred to as the notification) shall remain in operation for a period of one year from the appointed date and the State Government may, from time to time, 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 three years.
- (3) The Kuladhipati shall simultaneously with the issue of the notification, appoint the Kulapati under section 13 and 14 as modified and the Kulapati so appointed shall hold office during the period of operation of the notification: . Provided that the Kulapati 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.
- (4) 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 modification specified in the Third Schedule;
- (ii) the Kulapati, 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 a member of the Court, the Executive or the Academic Council, as the case may be, immediately before the appointed date shall cease to hold that office;
- (iv) the student representatives of the University on the student consultative committee under clause (i) of sub-section (i) of section 54 immediately before the appointed date shall cease to be members of the said committee;
- (v) until the Court, executive Council or academic Council, as the case may be, is reconstituted in accordance with the provisions as modified, the Kulapati appointed under section 13 and 14 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 Kuladhipati 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 Kulapati so appointed in exercise of such powers and performance of such duties
- (5) Before the expiration of the period of operation of the notification or immediately as early as practicable, thereafter, the Kulapati 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 as so constituted shall begin to function on the date immediately following the date of expiry if the period of operation of the notification of 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 Kulapati shall on such expiration, exercise the powers of each of these authorities subject to prior approval of the Kuladhipati till the Court Executive Council or Academic Council or as the case may be, is so constituted.
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