CHAPTER X - EMERGENCY PROVISIONS

    State Government to assume financial control in certain circumstances

51. (1)  If the State Government is satisfied that owing to maladministration of 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 by the authority
            of the State Government shall extend to the giving og directions of 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 properpty of the
            University as a result of non-compliance 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.

Power of State Government to apply Act in modified form with the a view to provide for better administration of University in certain circumstances

52.  (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 the Act without
            detriment to the interests of the University, and it is expedient in 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 68 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 therafter 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 modifications
                 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 of 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, as the case may be, is so constituted.

  Effect on expiration of the period of operation of notification under section 52

53.  On expiration of the period of operation of the notification issued under section 52, 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 apply thereto:
                                              Provided that the expiration of the operation of the notification shall not affect :
         (a) Previous operation of, or anything done or suffered under the provisions as modified in any order made
             thereunder; or
         (b) any right, privilege, obligation or liability acquired, accrued or incurred under the provisions as modified or
               any order made thereunder; or
         (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 enforeced as if the modified provisions had not ceased to
              apply.