CHAPTER XII - SUPPLEMENTARY PROVISIONS

  Disputes as to constitution of University authorities and bodies

55.  If any question arises regarding the interpretation of any provisions of this act or of any statute, Ordinance or
        Regulation or as to whether any person has been duly elected, appointed as or is entitled to be, a member of
        any authority, or other body of the University, the matter shall be referred to Kuladhipati whose decision thereon
        shall be final;

                   *Provided that before taking any such decision the Kuladhipati himself or an officer nominated by him shall
   give the person or persons affected thereby a reasonable opportunity of being heard.

Explanation:
                  (I) In this section the expression ‘body’ includes any committee constituted by or under the Act.
                  (II) In this section the expression “appointed” does not include appointments to the salaried posts of the
                        University.

Constitution of Committees

56. Where any authority of the University is given power by this Act, or the Statutes to appoint committees, such
       committees shall, save as otherwise provided, consist of members of the authority concerned and of such other
       persons, if any, as the authority, in each case, may think fit.

Filling of casual vacancies

57. Save as otherwise provided in this Act, all casual vacancies among the members other than ex-officio members of
       any authority, committee or other body of the University shall be filled, as soon as conveniently may be, by the
       persons or body who nominated, appointed, elected or co-opted the member whose place has become vacant
       and the person nominated, appointed, elected or co-opted to a casual vacancy shall be a member of such
       authority, committee or body for the remainder of the term for which the person whose place he fills would have
       been a member.

Proceedings of University and bodies not invalidated by vacancies

58. No act or proceeding of any authority, committee or body of the University shall be invalid merely by the reason
       of:
      (a) any vacancy in or defect in the constitution thereof, or
      (b) any defect in the election, nomination or appointment of a person acting as a member thereto, or
      (c) any irregularity in its procedure not affecting the merits of the case.

Conditions of service

59.  (1)Every salaried officer and teacher of the University paid by the University shall be appointed under a written
             contract which shall be lodged with the University and a copy thereof furnished to the officer or teacher
             concerned.
--------------------------------------------------------------------------------------------------------------
*The M P Vishwavidyalaya(Sansodhan)Adhiniyam,1994 (No. 19 of 1994)

* “(2) Any dispute regarding service matters arising out of contract or otherwise between a University and any of
           its salaried employees shall be adjudicated upon by the Vice-Chancellor and an appeal against the
           Vice-Chancellor’s decision shall lie to the Kuladhipati, who shall decide the dispute himself or refer it to a
           Tribunal constituted for the purpose consisting of the following members, namely:
           (i) a Senior Vice-Chancellor of any of the University;
           (ii) a Senior Secretary to the State Government, and
           (iii) a Senior Principal of the Post-graduate college of the State”
 *(3)  Omitted

Pension & Provident Fund

60. (1)  The University shall constitute for the benefit of its officers, teachers, clerical staff and other employees in
              suchmanner and subject to such conditions as may be prescribed by the statutes such penbsion, insurance
              and provident fund and institute such other benefits as it may deem fit.
       (2)  Where any such pension, insurance or provident fund has been so constituted or where any such pension,
               insurance or provident fund has been constituted by a college under rules which have been approved by the
               State Government, the State Government may declare that the provisions of the Provident Fund Act, 1925
               (No. 19 of 1925), shall apply to such funds as if it were a Government Provident Fund.

Protection of acts and orders

61. No suit, prosecution or other legal proceedings shall lie against any officer, teacher or other employee of the
       university for anything which is in good faith done or intended to be done by him under this Act, or the Statutes
       or the Ordinances or the Regulations.

Approval for imparting instructions

 62.   No person shall impart instruction in the University or in any college:
         (a) unless such person possesses the qualifications laid down by the Academic Council in that behalf; and
         (b) except in such subject or subjects and upto the standard for which his qualifications have been approved
               by the Academic Council.

Classification of Teachers

 63. (1)  “Professor” and “Reader” mean respectively teachers appointed by the Executive Council on the scales of
               pay not lower than that approved for a Professor and a Reader by the University Grants Commission and
               accepted by the State Government and where the scale of pay approved by the University Grants
               Commission is higher than that approved by the State Government in this behalf then on the scale of pay as
               approved by the State Government.

---------------------------------------------------------------------------------------------
*The M P Vishwavidyalaya(Sansodhan)Adhiniyam,1991 (No. 23 of 1991)

      (2) “Visiting Professor” means a Professor invited by the Executive Council for a fixed term of years or appointed
             by the Executive Council for a short term stipulated in the contract.
      (3) “A teacher other than Professor, visiting Professor and Reader in any University Teaching Department or
             School of Studies shall, rank as lecturer if appointed on a scale of pay:    
             (a) not lower than that approved for a lecturer by the University Grants Commission and  accepted by the
                  State Governments.
             (b) lower than that approved for a lecturer by the University Grants Commission and approved by the State
                  Government in this behalf.”
      (4) “College Professor” means a teacher appointed on the scales of pay not lower than that approved by the
             State Government for a Professor in a College for professional education or in any other college imparting
              instructions in the subject concerned upto post-graduate level and includes a Principal of such college who
              proved to the satisfaction of the Academic Council that he engages himself in guiding research and teaching
              the subject in addition to the administrative work of the office of the Principal.
    *(5) “Reader and Lecturer in a College” shall respectively mean persons appointed as Reader or Lecturer in an
              affiliated College on a scale of pay not lower than that approved by the State Government for Reader or
              Lecturer in a College as the case may be, and the expression “Lecturer” includes the person appointed prior
              to the 13th day of January 1978 as Assistant Professor”.
      (6)  A teacher who is appointed on part-time or honorary basis in the Faculty of Law or in any other Faculty
             where such appointment is permitted by the Academic Council, shall rank as a lecturer.

Term of office of members of authority of University

64.(1) Wherever in accordance with this Act, any person is to hold an office or to be a member of any authority by
            rotation according to senio- rity such seniority in the absence of any provisions to the contrary in the Act,
            shall be determined in accordance with the Statutes:

                                 Provided that till the Statutes are made the seniority in a particular cadre shall be determined
  by the length of continuous service in such a cadre and where the length of continuous service of two or more
  persons in the same cadre is the same, then “Seniority” shall be determined by seniority in age.

    (2) Wherever any person becomes a member of any authority by virtue of the post or office held by him or by
          virtue of possessing a specified qualification, he shall forthwith cease to be a member of such authority if
          he ceases to hold such post or office or if he ceases to possess such qualification; before the expiry of the
          term of his membership.
-----------------------------------------------------------------------------------------------
*The M P Vishwavidyalaya(Sansodhan)Adhiniyam,1980 (No. 09 of 1980)

                       Provided that he shall not be deemed to have ceased to hold his post or office merely by reason of his
  proceeding on,leave for period not exceeding four months.

Resignation of member or officer of University

65.  (1)  Any member other than an ex-officio member of the Court, the executive Council, the Academic Council
             or any other University Authority or Committee or Dean of a Faculty may resign by a letter addressed to
             the Registrar, and resignation shall take effect as soon as the letter is received by the Registrar.
       (2) Any officer of the university, whether salaried or otherwise, other than a Dean, may resign his office by
             letter addressed to the Registrar. Such resignation shall take effect from the date on which the same is
             accepted by the authority competent to fill the vacancy.

Disqualifications for being member of authority

66.  (1)   A person shall be disqualified for being chosen as, and for being a member of any of the authorities of the
               Univesity:
               (a) If he is of unsound mind;
               (b) If he is deaf, mute or suffering from any contagious disease;
               (c) If he is an undischarged insolvent;
               (d) If he has been convicted by a Court of Law of an offence involving moral turpitude and sentenced in
                    respect thereof to imprisonment for not less than six months.

      (2)    If any question arises as to whether a person is or has been subject to any of the disqualifications mentioned
               in sub-section (1) the question shall be referred for the decision of the Kuladhipati and his decisions thereon
              shall be final and no suit or other proceeding shall lie in any court of law against such decision.

Power to remove member from register of graduates or any authority or body of University

67. (1) The Kuladhipati may, on the request of the Executive Council remove the name of any person from  the
            register of graduates and remove the name of any person from membership of any authority or body of the
            University if
            (i) he is guilty of gross misbehaviour; or
            (ii) he acts prejudicial to the interest of the University;

                                  Provided that the Kuladhipati shall cause a preliminary enquiry to be made and if he is satisfied
  that prima facie case exists, he shall serve on such registered graduate or a member of any authority or body, as the
  case may be, a charge sheet in writing, stating the misbehaviour or the act prejudicial to the interest of the University,
  as the case may be.

  (2) After taking into consideration the reply to the charge-sheet, submitted to him by the registered graduate or
         member of the authority or body of the University, as the case may be, under sub-section (1), the Kuladhipati
         may, if he considers that further action is necessary, entrust the enquiry to a Tribunal consisting of a nominee of
         the Kuladhipati, a nominee of the Executive Council and a nominee of the accused registered graduate or
         member, as the case may be.
  (3) The Tribunal shall after giving the accused registered graduate or member, as the case may be, an opportunity
         of being heard and examining such evidence as may be necessary, record its findings and forward it to the
         Kuladhipati.
  (4) The Kuladhipati may, after considering the report of the Tribunal pass such final ordrs as he considers necessary:
        
                                Provided that no order shall be passed unless the accused registered graduate or member, as the
  case may be, has been given a reasonable opportunity to show cause as to why the proposed action should not be
  taken against him.
*(5) The provision of sub-section (1) to (4) shall not apply where the Kuladhipati is satisfied that in the interest of
        the university it is not expedient to hold such enquiry and to issue any show cause notice or to give an
        opportunity of being heard to any member nominated by him before the removal of such member.”

Removal of difficulties

68. If any difficulty arises as to the first constitution or reconstitution of any authority of the University after the
       commencement of this Act, or otherwise in giving effect to the provisions of this Act, the State Government, as
       occassion may require, may by order do anything which appears to it necessary for the purpose of removing the
       difficulty.

Modifications of this Act in its application of the established after 1st January, 1983 or to be established at any time thereafter University

69. “In its application to the University established after the 1st day of January, 1983 or to be established at any time
        thereafter the provisions of this Act shall be subject to the modification specified in the fourth schedule.

                            Provided that the persons elected under clause (iii) of sub-section (1) of section 23, before the
  commencement of the Madhya Pradesh Vishwavidyalaya (Sanshodhan) Adhiniyam 1988 shall continue to hold their
  office as members of the Executive Council till the expiry of their term of office notwithstanding the modification
  specified in the said Schedule.”

-----------------------------------------------------------------------------------------------
* The M P Vishwavidyalaya(Sansodhan)Adhiniyam,1996 (No. 6 of 1997)