STATUTE No. 28
COLLEGE CODE

    Note:   The recruitment and conditions of service of teachers and other employees of Non-Govt. Educational
     institutions for Higher Education will be regulated by M.P. Act. No. 20 of 1978. Any additional provision in the
     existing College Code shall not supercede the M.P. Act. No. 20 of 1978.

  Part-I. Definition and applicability :
  1. In this statute unless there is anything repugnant in the subject or context :
    (a) "College" means an educational institution admitted to the privileges of the University.
     (b) "Foundation Society" means a body of persons, registered or incorporated under any law for registration or
           statutory incorporation, which founds and maintains an educational institution admitted to or seeking admission
           to the privileges of the University and where the Government body of the society is superceded under Section
           33 of the Madhya Pradesh Society Registrikaran Adhiniyam 1973, the person or persons appointed by the state
           Government to manage the affairs of the society. In case of educational institutions maintained and run by Local
           bodies, the foundation society shall be the council of the local body and in case the local body is superceded the
           person who acts for the body.
     (c) "Governing body" means the governing body constituted in accordance with the provisions of this Statute.
      (d) "Teachers" means members of the teaching staff of a college and includes the principal.
      (e) "President of the foundation society" means a person who is duly elected as its President (by whatever name
            called) by the foundation society and is the executive head thereof and where the society is superceded under
            section 33 of the M.P. Society Registrikaran Adhiniyam, 1973, the person or the head of the body of persons
            appointed by the state Government to manage the affairs of the Society.
      (f) "Donor" means an individual, firm, association, charitable trust or any other institution other than the foundation
             society giving a donation of not less than twenty five thousand rupees in cash or immovable property for use
             of the college.

                    Provided that if the donation is given by any firm, association, trust or institution, the representative
   nominated by such donor from time to time shall be deemed to be the donor for the purpose of this Code.

  2.     The college Code shall apply to all colleges admitted to the privileges of the University except in the colleges
           maintained or managed by the State Government or the University.

  Part II - The Foundation Society :
  3. (1)     The Foundation Society of a college shall be responsible for providing necessary funds for the maintenance
                and upkeep of the college upto the standard required by the University.
      (2)     No employee of the college except an honorary or part-time teacher who is paid an honorarium shall be an
                office bearer or member of the Foundation Society.
      (3) (i)   The Foundation Society of every college shall deposit Endowment Fund in accordance with the scale given
                   below with the University in the form of Fixed Deposit Receipts in the joint name of the Registrar and the
                   College:
                (a) If the college has only one Faculty at the undergraduate level                                  Rs. 25,000/-
                (b) For every additional Faculty at the undergraduate level                                           Rs. 15,000/-
                (c) For each Faculty at the post-graduate level                                                             Rs. 10,000/-
             (ii)  Where college does not have its own building which is considered satisfactory for its purposes by the
                    University the Foundation Society shall made an annual contribution of an amount not less than Rs.5,000/-
                     towards a Building Fund to be maintained with the University in the name of the college till the college                        constructs or acquires permanently a building adequate for its purposes.
             (iii)   In case of a college in existence on the date of coming into force of this Statute the Foundation Society shall :
                 (a) deposit with the University in every academic year commencing from the year 1974-75 an amount equal
                       to one fifth of the value of the Endowment Fund necessary till the Endowment Fund as required in clause
                       (i) above is deposit in full.
                 (b) Where the college does not have its own building considered satisfactory for its purposes by the University,
                       contribute towards the Building Fund in accordance with clause (ii) above.
            (iv) The deposit for creating the Endowment Fund or the contribution towards the Building Fund shall not be made
                   from the receipts of the college in the form of fees from students of grants received by the college or from
                   loans from the staff of the college.
      (4) (i)    The income from the Endowment Fund shall be made available to the college for its use;
           (ii)    When the salary due to the teachers is not paid for three months, the University, may permit the use of the
                    Endowment Fund and require the Foundation Society to deposit back the amount drawn therefrom.
           (iii)    In the event of the closure of the college or in the event of the college being taken over by the Government
                    the caution money and the salary due to the employees (including teachers) of the college shall be the first
                    charge on the Endowment Fund.
          (iv)    On a request from the Governing Body, the amount in the Building Fund will be released to the Governing
                   Body for the construction of the college building or purchase of a building for the college.
      (5)     The Foundation Society shall carry out all lawful directions of the University and shall maintain and run the
               college in accordance with M.P. Vishwavidyalaya Adhiniyam and the Statutes, Ordinances and regulations
               made thereunder.
      (6) (i)  If the Executive Council, after giving reasonable opportunity to the Foundation Society to state its case, is
                 satisfied that the Foundation Society has failed to meet all or any of its obligations as laid down in the Code,
                 it may take any of the following actions :
         (a) Withdrawal of the right to have its appointees other than the chairman of the Governing Body of the college.
          (b) Withdrawal of the powers vested in the Foundation Society by this Statute.
          (c) Withdrawal of the affiliation of the college.
           (ii) Where any action is taken by the Executive Council under the foregoing clause, the Foundation Society may
                 appeal to the Commissioner Uchcha Shiksha Anudan Ayog against the decision of the Executive Council.
                 The decision of the Commissioner in the matter shall be final.

  4. (1)     The Foundation Society shall have the following powers namely :
         (a)     to appoint the first Principal and other members of the teaching staff of the college in accordance with the
                   provisions of this code till the Governing Body is constituted or till the expiry of the period of the ninety
                   days from the date on which the college is first admitted to the privileges of the University, whichever is earlier.
         (b)     to sanction on the recommendation of the Governing Body the opening of a new department of studies or
                   the creation of new teaching posts as involve additional financial obligation on the Foundation Society;

                        Provided that where the Foundation Society does not take a decision on the proposal made by the    
   Governing Body within a period of sixty days from the date on which the Governing Body submits its proposal the
   Foundation Society shall be deemed to have concurred the proposal.
          (c)     to sanction items of new expenditure exceeding Rs. 10,000/- in the case of non-recurring expenditure and
                   exceeding Rs. 4,000/- in the case recurring expenditure which involve additional financial obligation on the
                   Foundation Society.
          (d)     to consider and pass resolutions on the annual estimates of Income and Expenditure and the Audit Report
                   of the college and forward them to the Governing Body for its consideration;

                        Provided that if the Foundation Society does not communicate to the Governing Body its observations
  on the Annual estimates of Income and Expenditure of the College within sixty days of its submission by the Governing
  Body it will be presumed that the Foundation Society has no observations to make on the Annual Estimate and the
  Governing Body may proceed to consider and approve the Annual Estimate with or without reductions.
        (e)     to appoint the Auditors of the college from out of a panel of names approved by the Registrar of Firms and
                Societies.
        (f)     to call for information regarding the functions of the college from the Governing Body measures for the
                 improvement and development of the college;

                        Provided that the Foundation Society shall not interfere with the day-to-day administration of the college.

      (2)     In case of any difference of opinion between the Foundation Society and Governing body, any of them may
                refer the matter to the Executive Council whose decision shall be binding.

  5.     In case the college is maintained and run by an individual the obligation and powers of the Foundation Society
          shall vest in such individual.

  Part- III- Governing Body :
  6. (1)     There shall be a Governing Body for the management of the college. It shall consist of :
           (a) The Chairman of the Governing Body appointed by the Foundation Society from amongst its members or by
                 the individual maintaining the college.
          (b) Two persons appointed by the Foundation Society from amongst its members or by the individual maintaining
                 the college.
          (c) Two representatives of the University other than members of the Foundation Society of the college, nominated
                 by the Executive Council atleast one of whom shall be from amongst the teachers of the University as far as
                 possible working in institutions not located in the same town as the college.
          (d) One representative of the donors of the college to be elected by the donors.
           (e) One nominee of the Government of Madhya Pradesh.
           (f) Two representatives elected by the teachers of the college who have completed two years of service other than
                the Principal, from amongst themselves in such manner as prescribed by the College Council;

                       Provided that the restriction regarding two years of service shall not apply for the first three years of the
    existence of a college.
          (g) The principal of the college-Ex-Officio Member-Secretary; Provided that following shall not be eligible to be a
               member of the Governing Body under clauses (a) to (e) above.
              (i)   A person who is related to any member of the staff of the college except a part-time teacher who is paid an
                   honorarium, or who works on an honorary basis,
              (ii)    a person having pecuniary interest in the affairs of the college, and
              (iii)  an employee of the college.

     (2) (i)  The chairman and member of the Governing Body other than Ex-Officio member shall hold for a period of two
                years;
                       
              Provided that the Chairman and members appointed by the foundation society before the supercession of its
  Governing Body under the M.P. Society Registrikaran Adhiniyam, 1973 shall cease to hold office on the supercession
  of the Governing Body of the Society and their places shall be filled by the appointees of the person/persons appointed
  by the State Government to manage the affairs of the Society.
          (ii)  The Ex-officio member shall forthwith cease to be a member of the Governing Body if he ceases to hold the
                 office by virtue of which he has become a member.

          (iii)  An office-bearer or member of the Governing Body may resign from the Governing Body through a letter of
                 resignation addressed to the secretary of the Governing Body and the resignation shall take effect as soon as
                 the letter is received by the Secretary. The Secretary of the Governing Body shall take steps to fill all vacancies
                 as soon as they occur.
          (iv)  When a vacancy occurs in the office of a member other than an Ex-officio member, before the expiry of his
                  term, the vacancy shall be filled, as soon as may be, by the election, nomination or appointment as the case
                  may be, of a member who shall hold office so long as the member in whose place he has been elected,
                  nominated or appointed, would have held it if the vacancy had not occurred.
          (v)   Every change in the office-bearers or membership of the Governing Body of a college shall be reported
                 immediately to the University by the Secretary.

  7. (1)  The Governing Body shall meet atleast thrice a year. Five members of the Governing Body shall form a quorum.
             No quorum shall be necessary for an adjourned meeting. If the quorum is not present within thirty minutes of the
             time given in the notice no meeting shall be held.
    (2)   Meeting of the Governing Body shall be convened by the secretary in consultation with the Chairman. In case the
             secretary does not call a meeting when directed by the Chairman to do so, the Chairman may call the meeting.
     (3)  (a)  The Secretary shall give atleast ten days' notice of an ordinary meeting of the Governing Body.
            (b) An emergent meeting of the Governing Body can be convened on three clear days, notice.
            (c) On a requisition signed by not less than four members specifying the business to be transacted, a special
                 meeting of  the Governing Body shall be convened within twenty days of the receipt of such requisition. At
                 least ten days notice
                of a special meeting shall be given.
            (d) The agenda of every meeting shall be sent with the notice to the members. Proposals from any member
                  received by the Secretary before the issue of notice shall be included in the agenda. The agenda of a special
                  meeting shall include only the business indicated in the requisition.
            (e) No business other than that included in the agenda shall be transacted at a meeting except with the consent of
                 the Chairman and unless permission is given to introduce it by the majority of the members present.
     (4)  The Chairman shall, when present, preside at meeting of the Governing Body. In the absence of the Chairman
            from any meeting the members present shall elect one of the members other than a teacher to preside at the
            meeting. Except as provided otherwise all acts of the Governing Body and all questions coming or arising at its
            meeting shall be done and decided by the majority of such members thereof as are present and vote at the meeting.
    (5)   The minutes of every meeting of the Governing Body shall be drawn up by the Secretary and after approval by
             the Chairman circulated among the members within fifteen days of the meeting.
    (6)   It shall be the duty of the representatives of the University on the Governing Body to report to the Kulpati decisions
            affecting adversely the smooth working of the college and violation, if any of the Statutes, Ordinances, Regulations
            or Instructions of the University.
    (7)   No act or proceeding of the Governing Body shall be invalid merely by reason of any vacancy in its membership
            or any defect or irregularity in the appointment, nomination or election of a member.

  8. (1)     The Governing Body shall be responsible for the general administration of the college including :
        (a)     management and regulation of the finances, accounts, investments, property and other assets of the college;

                             Provided that no property of the college shall be disposed of without the approval of the Foundation
  Society and the Foundation Society on its part shall not withdraw or dispose of any property or asset used by the college
  or managed by the Governing Body without the consent of the Governing Body;
        (b)     adoption with or without modification of the budget submitted by the Principal of the college after considering
                 the observations if any, of the Foundation Society;
        (c)     the institution and abolition of new department of Studies or new teaching and non-teaching posts in the college;
                               Provided that if the institution of a new department or a new teaching post involves additional financial
   obligation on the Foundation Society, exercise of this power shall be subject to the provisions of paragraph 4 of the
   Code;
                               Provided also that no teaching Department or teaching post shall be abolished without the prior approval
   of the Executive Council.
       (d)     Appointment, promotion, suspension and punishment of the teachers of the college and any other action
                affecting services;
                               Provided that the services of a teacher other than one appointment in a leave vacancy or temporarily
  for a specified, period shall not be terminated, for any reason whatsoever, without the prior approval of the Executive
  Council;
                                Provided also that such approval shall not be necessary in case of discharge of a teacher (who is
  appointed on probation) during or on the expiry of the period of such probation on the ground that his work during such
  period was not satisfactory;
                                Provided further that the power of appointment shall be subject to the provision of clause (a) of
  sub-paragraph (1) of paragraph 4.

       (e)     Maintenance of the college upto the academic standard required by the University and compliance by the college
                 of the M.P. Vishwavidyalaya Adhiniyam, Statutes, Ordinances, Regulations and directions issued by the
                 University from time to time.

    (2)   In the matter of the management of the college, the Governing Body shall be the final authority bound by Statutes,
          Ordinances, Regulations and directions of the University and such rules as are framed by the Governing Body and
            which are not inconsistent with the Adhiniyam, the Statutes, Ordinances and Regulations of the University.

  9.     The Governing Body shall submit to the Foundation Society;
       (i)   Not later than the 31st July of each year a Statement of Annual Accounts of the college for the financial year
             immediately preceding together with the audit report by an auditor appointed by the Foundation Society and
             annual report on the work and progress of the college for the academic year ending 30th June immediately preceding.
      (ii)   Not later than the 31st September each year the budget estimates of the college for the following financial year.
      (iii)  Proposals for such items of new expenditure exceeding Rs. 10,000/- in the case of non-recurring expenditure and
             exceeding Rs. 4,000/- in the case of recurring expenditure which involve additional financial obligation on the
             Foundation Society;

  10.    The Governing Body may make rules consistent with the provisions of the Adhiniyam, Statutes, Ordinances, with
            regard to :
        (a)     the procedure to be observed at its meetings,
                    Provided that no decision affecting the service conditions of teachers shall be taken at a meeting of the
  Governing Body in which atleast one teacher representative and one University representative are not present;
        (b)     the management of the college; and
        (c)     the manner in which its decisions shall be given effect to.

  11.   The Governing Body shall exercise all powers not otherwise provided for in this Code and not inconsistent with the
           provisions of the Adhiniyam, Statutes and Ordinances.

  12.    The T.A. and D.A. of nominee of the University or the State Government attending a meeting of the Governing Body
           shall be paid by the college at the rates admissible to a member of the authorities of the University under the rules
           made by the University.

  13. (1) The Governing Body shall be constituted in accordance with provisions of this Statute within a period of ninety
              days from the date of admission of the college to the privileges of the University.
        (2)  The Governing Body in existence on the date immediately preceding the date of enforcement of this Statute shall
              continue to function till the Statute but such period shall not extend beyond a period of ninety days from the date
               of enforcement of this Statute;
                          Provided that if, for any reason, the Governing Body is not constituted in accordance with the provisions
   of this Statute within the aforesaid period, the Executive Council may extend the period for a further period not exceeding
   sixty days.

  Part IV- The college Council :
  14. (1)  There shall be for each college, a college council consisting of the principal and all teachers of the college. The
               principal and the vice-principal, if any, of the college shall respectively be the ex-officio President and vice-
               president of the council.
       (2)   The Secretary shall be elected by the council from amongst its members. He shall hold office for one year, but
                for not more than two consecutive terms. He shall convene meetings of the college council under the direction
                of the principal.
       (3)    The Council shall meet atleast thrice during the academic year. It shall perform the following duties namely :
               (a) to discuss the progress of studies in the college;    
                (b) to bring to the notice of the Governing Body the needs of the students and teachers;
                (c) to make recommendations to the principal or the Governing Body for improvement of the academic
                     efficiency of the college;
               (d) to advise the Principal on such matters relating to the internal management of the college and discipline of
                      its students as may be referred to it from time to time;
               (e) to advise and assist the Principal in the preparation of the time table, allocation of teaching work and for the
                    organisation of the extra-curricular activities of the college;
                (f) to consider and to bring to the notice of the Governing Body matters affecting the interests, rights and
                     privileges of the teachers as a class.

  Part-V - The powers and Duties of the Principal :
  15.  (1) The principal shall be the Chief Executive Officer and the academic head of the college and he shall participate
               in the teaching work of the college.
         (2) subject to the general control of the Governing Body the Principal shall be responsible for :-
            (a)   the administration of the college generally as an institution admitted to the privileges of the University;
             (b)   the management of the college library and hostels;
             (c)    maintenance of the accounts, receipts and expenditure of the college;
             (d)    correspondence of the college and custody of the records of the college;
             (e)    administration of the amalgamated fund;
             (f)    execution of the decision of the Governing Body. 
         (3) The principal shall have the following powers namely:
              (a) to admit students to the college;
              (b) to assign duties in respect of teaching, administrative work and extra-curricular activities to the teaching and
                   other staff of the college and see to the proper performance thereof;
             (c) to appoint, promote, grant leave and suspend and take disciplinary action against the class III and class IV
                  employees of the college;

                       Provided that where disciplinary action is taken by the Principal, an appeal shall lie with the Governing body.
  Provided that disciplinary action taken by the principal against any student shall be final and shall not be liable to be revised
  by any other authority except where such revision is permitted by the Statutes and Ordinances of the University; Provided
  also that in the case of rustication of a student from the college, the college council may review the decision of the principal;

              (d) to exercise all such other power as may be conferred on him by the Statutes, Ordinances and Regulations.

  Part VI- The Teachers of the College :
  16.
(1)  No appointment to any teaching post in the college, including the post of the Principal but excluding part-time
               appointments temporary appointments which are not to continue for more than six months and appointments to
               posts which are to be filled by promotion, shall be made except :
          (a)  after duly and widely advertised the post together with the minimum qualifications therefor and the emoluments
                 of the post and allowing reasonable time within which the applicants may, in response to the advertisement,
                 submit their applications;
          (b)  on the recommendation of the Selection Committee constituted in accordance with the provisions of paragraph
                  17 below.
        (2)  No appointment to the post of Principal shall be made except with the prior approval of the Executive Council.
        (3)  No person shall be appointed to any teaching post including that of the Principal unless he possesses the minimum
               qualification prescribed for the post in the Statutes.
        (4)   Every change in the teaching staff of the college shall be immediately reported to the University by the Principal.

  17. (1)     The Selection Committee for the appointment of the Principal shall consist of :
           (i) the Chairman of the Governing Body- Chairman;
            (ii) one representative of the Governing Body nominated by it from amongst its members other than the Teacher's
                 representatives;
            (iii) one of the Deans of Faculties which comprise- subjects taught/proposed to be taught in the college, nominated
                  by the Kulpati;
           (iv) one person nominated by the Executive Council;
                             Provided that in case of the appointment of the First Principal by the Foundation Society instead of the
  Chairman of the Governing Body the President of the Foundation Society shall be the Chairman of the Selection
  Committee and one representative of the Foundation Society nominated by it from amongst its members shall be a
  member of the Selection Committee instead of the representative of the Governing Body.
        (2)     The Selection Committee for the appointment of a teacher of the college, other than the Principal, shall
                  consist of:
           (i) the President of the Foundation Society or the Chairman of the Governing Body accordingly as the Foundation
               Society or the Governing Body is the appointing authority;
           (ii) one representative of the appointing authority the Foundation Society or the Governing Body, as the case may
                be, nominated by it from amongst its members other than the Teachers representatives;
          (iii) two experts in the subject concerned nominated by the Kulpati;
           (iv) the principal of the college- Member-Secretary.
        (3)     The majority of total membership of any Selection Committee shall form the quorum of such Committee.
        (4)     The Selection Committee shall interview, adjudge the merits of each candidate in accordance with the
                  qualifications advertised and report to the appointing authority the names arranged in order of merit, of the
                  person or persons, if any, whom it recommends for appointment to the post advertised;
                            Provided that in case of an appointment of a teacher other than the Principal, no recommendation made
   by a Selection Committee shall be considered to be valid unless atleast one of the experts in the subject is present in the
   meeting of the Selection Committee in which the recommendation is decided upon.

  18. (1)     No person shall be appointed to a full time salaried teaching post in the college except on the recommendation
                 of theCommittee of Selection constituted in accordance with the provisions of this Statutes;

                    Provided that if the appointment to a teaching post is not expected to continue for more than six months and
  cannot be delayed without detrimental to the interests of the institution, the Governing Body may make such appointment
  without obtaining the recommendation of the Committee of Selection but the person so appointed shall not be retained
  on the same post for a period exceeding six months or appointed to another post in the service of the college except on
   the recommendation of the Committee of Selection.
        (2)     Appointments to part-time teaching posts may be made by the Foundation Society or the Governing Body,
                 as the case may be on the recommendation of the Principal from amongst persons who possess the minimum
                 qualifications prescribed for a lecturer;

                     Provided that where a part-time Principal of a Law College is to be appointed, the appointee shall possess
  the minimum qualifications prescribed for a principal and his appointment shall be made with the prior approval of the
  Executive Council.

  19.   The appointment of every teacher made prior to the coming into force of this Statute in accordance with the Statutes
          and Ordinances inforce at the time the appointment was made, shall be deemed to be validly made.

  20. (1)   (i)  The principal and other members of the teaching staff except those appointed in leave vacancies, on part-time
                     basis or on temporary basis shall be appointed initially on probation for one year. The period of probation
                     shall not be extended by more than one year so that the total period of probation does not exceed two years.
                (ii) Where an appointment is made on temporary basis, whether in a leave vacancy or otherwise, the reasons for
                      such temporary appointment shall be communicated by the Principal to the University.
        (2)     Unless the work of the probationer is found to be unsatisfactory and he is informed by the Governing Body
                 atleast one month before the expiry of the period of probation of its intention not to continue him in service, the
                 probationer shall be deemed to have been confirmed in his appointment on the expiry of the period of probation.
        (3)     (i)  Every teacher other than one appointed on part-time or temporary basis, shall be appointed on written
                       contract in the form prescribed in the Appendix stating therein the post to which he is appointed, the initial
                       salary and the scale of pay and other conditions of service. A copy of the contract shall be given to the
                       teacher and a copy shall be lodged with the University.
                 (ii)  It shall be the duty of Governing Body to get such contract executed within a period of one month from the
                       date on which the appointee joins the post;

                              Provided the Governing Body shall get the contract executed :
                (a)  within a period of one month from the date on which the Governing Body starts functioning in case of
                       appointment made by the Foundation Society;
                 (b)   within a period of two months from the date on which the Governing Body starts functioning in case of
                     appointment made prior to such date.
               (iii)   In case of any conflict between the contract in the form prescribed in the Appendix and any other contract
                     between a teacher and the college or its Governing Body, the terms and conditions laid down in the contract
                      as in the Appendix shall be deemed to apply.

  21.   The posts of Professors shall ordinarily be filled by promotion from amongst the qualified teachers in the college
          on the basis of seniority-cum-merit;

              Provided when no teacher of the college in the immediately lower cadre from which promotion is to be made
  possesses the requisite qualification, the post of Professor may be filled by direct recruitment on the recommendation
  of the Selection Committee.

  22. (1)   The scales of pay for different categories of teachers in the college including the Principal shall be such as are
                prescribed from time to time by the State Government for similar categories in Government colleges.
        (2)    A part-time Principal shall be paid an honorarium of Rs. 700/- per month and every part-time teacher other than
                 the Principal shall be paid an honorarium of Rs. 400/- per month if he delivers 12 lectures per week and Rs.
                300/- if he delivers atleast 8 lectures per week.
       (3)    Salary of every teacher shall be paid by cheque drawn in his favour latest by the 5th of the month following the
                 month to which the salary relates.
       (4)    The Governing Body or the Foundation Society shall not require or accept any donation or loan from the
                 employees including the teachers of the college.
       (5)    Every teacher other than a part time teacher shall be entitled to annual increment in the prescribed pay-scale
                 on the due date as a matter of course unless it is withheld after due enquiry.

  23.   In calculating the period of service of a teacher of the college for any purpose , including the application of time scale,
          service shall be counted from the date of the first appointment, if there be no break of service not exceeding 7 days
          shall be condoned as period spent on duty.

  24.   A temporary teacher who has been in the service of a college for a full academic year, shall be entitled to full pay for
          the ensuing vacation. If such teacher is in the service of a college for a less than a full academic year but for more
          than three month he shall be entitled to salary for the ensuing vacation in the same proportion as the period of his
          service bears to the total period in the academic year; provided that such teacher shall not be entitled to any pay
          for the summer vacation where such teacher is officiating in place of another teacher on leave entitled to draw pay
          for the said vacation.

  25. (1)   Every teacher including the Principal shall at all times maintain absolute integrity and devotion to duty and shall do
                nothing which is unbecoming of a teacher.
       (2)   No member of the teacher staff except a part-time teacher of a college shall apply for any post under any authority
                except through the Principal and in the case of the Principal through the chairman of the Governing Body.
        (3)   A teacher other than a Part- time teacher, shall be a whole time employee of the college and shall not without the
                previous approval of the Governing Body, engage himself in private tuition or in any trade or business or take up
                any occupation or work (other than as an examiner or author of book) which is likely to interfere with the duties
                of his appointment.
       (4)    No teacher shall except with the prior written sanction of the Governing Body participate in the editing or
                 management of any newspaper or periodical other than learned journals; Provided that part- time teacher of
                 Journalism shall be exempted from the operation of this sub-paragraph.
        (5)   (a)  A teacher shall obey all lawful directions of the Principal and the Governing Body of the college . He shall, in
                       addition to the ordinary duties as a teacher perform such other duties as may be entrusted to him by the
                      Principal in connection with the co-curricular and extra-curricular activities, administration and the keeping of
                      discipline in the college.
               (b)   No teacher shall be required to teach for more than twenty four periods (including those for tutorial work)
                       in a week.
                     Provided that no part-time teacher shall be required to teach for more than twelve periods in a week.
       (6)   (i)   No teacher shall act in a manner prejudicial to the interests of the college or associate himself with any activity,
                     which in the opinion of the Governing Body might affect adversely the interest of the college;
              (ii)   No teacher shall be a member of or be otherwise associated with any political party or any organisation
                     which take part in politics nor shall he take part in aid of or assist in any other manner any political
                     movement or activity nor shall he canvass or otherwise interfere in or use his influence in connection with or
                     take part in any election to any legislature or local authority;

                             Provided that-
                     (a)  an employee qualified to vote at such election may exercise his right to vote but where he dose so, he
                           shall not give any indication of the manner in which he proposes to vote or has voted;
                     (b)  the employee shall not be deemed to have contravened the provisions of this paragraph by reason only
                            that he assists in the conduct of an election in the due performance of duty imposed on him by or under
                            any law for the time being in force.
       (7)   All teachers shall be governed by the rules of conduct if any, framed by the Governing Body in conformity with
              the Adhiniyam, the Statute, Ordinance, and Regulations of the University .
      (8)  Any infringement of the provisions of the college code shall be regarded as subversive of good discipline and
              would amount to misconduct and may well justify the initiation of the disciplinary action against such teacher.

  26.     A permanent teacher shall be entitled to be in the service of the college until he completes the age of sixty.

                     Provided that if the Governing Body is satisfied that extension of service is in the interest of the college, it
     may extend his service upto a period of two years beyond the age of sixty.
                     Provided also that where the date of retirement of teacher with or without extension falls due during the
     course of the academic session the governing Body shall allow the teacher to continue till the end of the academic year.

  27.    A teacher in temporary service cannot discontinue his service in the college without giving one month's notice or one
           month's salary in lieu thereof. The Governing Body shall similarly give one calendar month's notice or one month's
           salary in lieu thereof to a temporary employee when terminating his service.
                     Provided that no notice shall be necessary where the service of temporary teacher is discontinued or
    terminated at the end of the fixed term for which he is appointed.

  28.  The service of a teacher who is appointed on probation can be terminated during or at the end of the period of
          probation if his work is not found to be satisfactory by communicating to the teacher the intention of the Governing
          body not to continue him and giving him one calendar month's notice in writing or by paying his one month's salary
          in lieu of the notice, such notice shall not include the summer vacation or any part thereof and the teacher if he has
          being service for more than three months during the academic session shall be entitled to salary for the ensuing
          summer vacation in the same proportion as the period of service bears to the total period in the academic session.
          The teacher may, likewise terminate his appointment before the expiry of the period of probation by giving one
          calendar month's notice in writing to the Governing Body or paying a sum equal to one month's salary in lieu of the
          notice.

  29. (1) the service of a teacher (other than one appointed on temporary or part-time basis or on probation) shall not be
              terminated after confirmation except on the following grounds and without the approval of the Executive Council :-
            (i) Misconduct including willful neglect of duty,
            (ii) Breach of the terms of the contract,
            (iii) Physical or mental unfitness,
            (iv) Incompetence provided that the plea of incompetence shall not be used against a teacher after two years of his
                  confirmation.
            (v) Abolition of the post with prior approval of the Executive Council:

                        Provided that termination of service on any ground following under (i) or (iv) above shall not be ordered
    without holding an inquiry in which the teacher is given statement of charges against him and is afforded reasonable
    opportunity to defend himself.

                        Provided also that action to terminate the service of a teacher on the ground of physical or mental
    unfitness shall not be taken except on the basis of a report of a medical Board to be appointed by the Governing Body.

       (2)  Except where the services of a teacher are terminated on the ground of misconduct including neglect of duty or
              breach of the terms of the contract neither the Governing Body nor the teacher shall terminate the agreement
              except by giving to the other party three calendar month's notice or by paying to the other party a sum equal to
              thrice the monthly salary which the teacher concerned is then earning . The period of notice shall not include the
              summer vacation or any part thereof.

  Part VI-suspension , penalties & Disciplinary Authority :
  30. (1) the appointing authority may be an order place an employee , including a teacher of the college under suspension :-
               (a) Where a disciplinary proceeding against him is contemplated or is pending; Or
                (b) where a case against him in respect of any criminal offence involving moral turpitude is under investigation,
                      inquiry or trial.

   N.B. :- In case of the teachers the Governing Body and in case of other employees the principal shall be deemed to be
               the appointing authority.

       (2) An employee of the college shall be deemed to have been placed under suspension by an order of the appointing
             authority :-
            (a) with effect from the date of his detention, if he is detained in custody, whether on a criminal charge or otherwise
                  for a period exceeding forty eight hours;
            (b) with effect from the date of his conviction, if in the event of a conviction for an offence, he is sentenced to a term
                 of imprisonment exceeding forty- eight hours and not forthwith dismissed or remove or compulsorily retire
                 consequent to such conviction.

       (3)  An order of suspension made or deemed to have been made shall continue to remain in force until it is modified or
             revoked by the appointing authority, but in case other than criminal proceedings it shall not operate for more than
              six months.

       (4)  During the period of suspension , the employee shall be allowed subsistence allowance equal to fifty percent of the
             emoluments last drawn by him.

       (5)   If the employee is exonerated from the charge or charges are subsequently withdrawn he shall be reinstated in his
               post and shall be paid full salary for the period of his suspension after deducting the subsistence allowance already
               paid to him.

  31.  (1)     The appointing authority may, for good and sufficient reasons, impose on an employee of the college (including
                  a teacher) the following penalties :
                    (a) Censure;
                     (b) Recovery from his pay of the whole or part of any pecuniary loss caused by him to the college by
                          negligence or breach of orders;
                   (c) Withholding of increments of pay;
                    (d) Reduction to lower time scale of pay , grade or post;
                    (e) Compulsory retirement;
                     (f) Removal from service;
                     (g) Dismissal from service which shall ordinarily be a disqualification for future employment in the college.

                           Beside the above, penalty of fine not exceeding rupees Five may be imposed on a class IV employee
  of the college for petty carelessness, unpunctuality idleness or similar misconduct.
         (2)     the appointing authority may institute disciplinary proceeding against an employee of the college.

         (3)     No order imposing any of the penalties specified in sub-paragraph (1) above other than fine shall be made
                  except in accordance with the procedure for imposing penalties on Government servant prescribed by the
                  Madhya Pradesh Government and in force at the time , the appointing authority orders an inquiry against the
                  college employee concerned;

                        Provided that no proposal to reduce in rank or pay of a teacher confirmed in the service of the college or
   to remove or dismiss him from service or to retire him compulsorily shall be deemed to have been passed by the
   Governing Body unless it is supported by a majority of two-third of the members present at the meeting of the
   Governing body in which it comes up for consideration and where a decision is duly taken it shall not be given effect to,
   unless it is approved by the executive council.

         (4)   The following lapses would constitute misconduct on the part of a teacher of the college, including the principal :-
                   (i) Failure to perform his academic duties such as Lectures, demonstrations, assessment, guidance, invigilation
                      etc.
                  (ii) Gross partiality in assessment of students, deliberately over-marking, under-marking, or attempts at
                       victimization on any grounds.
                  (iii) Inciting students against other students colleagues or administration. This dose not interface with the right
                        of the teacher to express his difference on principle in seminars or other places where students are present.
                  (iv) Raising Question of caste, creed, religion, race are sex in his relationship with his colleagues and trying to
                        use the above consideration for improvement for his prospects.
                  (v) Refusal to carry out the decisions by the appropriate officers/ bodies / of the University and / or the
                       Governing body / Principal of the college. This will not inhibit his right to express his differences with their
                       policies or decision.

  32.     (1)     where any penalty is imposed on an employee of the college by the principal the employee concerned may
                      prefer an appeal to the Governing Body of the College within thirty days from the date on which a copy of
                      the order appealed against is delivered to the appellant.

           (2)     where any penalty other than reduction in rank or pay or removal or dismissal or compulsory retirement
                      from service is imposed on a teacher he may prefer an appeal to the Executive council within thirty days
                      from the date on which a copy of the order appealed against is delivered to the appellant.

            (3)     (i)    An appeal against an order of the Governing Body imposing on a teacher the penalty of a reduction in
                             rank or pay or removal or dismissal or compulsory retirement from service shall lie to a Tribunal
                             consisting of :-
                          (a) a nominee of the Kulpati , other than a member of the Executive Council who will act as the Chairman,
                          (b) The aggrieved teacher's nominee to be named by the appellant in his appeal, and
                          (c) a nominee of the governing Body,

                     Provided that an appeal under this sub-paragraph shall be submitted to the Kulpati not later than forty five
   days from the date on which a copy of the order appealed against is delivered to the appellant.

           (4)     the appeal shall, except where provided otherwise, be presented to the authority to whom the appeal lies, a
                     copy forwarded by the appellant to the authority which made the order appealed against. It shall contain all
                     material statements and arguments on which the appellant relies, shall be complete in itself.
          (5)     The authority which made the order appealed against shall on receipt of a copy of the appeal , forward the
                   same with its comments thereon together with the relevant record to the appellate authority without any
                   avoidable delay and without waiting for any direction from the appellate authority.

          (6)   (i)    The appellate authority may confirm, enhance, reduce, or set aside the penalty or remit the case to the
                         authority which imposed the penalty with such direction as it may deem fit in the circumstance of the case.
                 (ii)    The authority which made the order appealed against shall give effect to the order passed by the appellate
                         authority.

  Part VII- Provident Fund & Leave :
  33.     (1)     The Governing Body shall maintain a Provident Fund for the benefit of its employees.
            (2)     Every whole time teacher and employee of the college other than one whose services have been lent to the
                      college by Government or another institution , permanently appointed to a substantive post shall as a
                      condition of his service become a depositor of the provident fund in the college.

  N.B. :-  A teacher / employee of the college who has held a temporary / probationary appointment follow immediately
               without break of service by a permanent appointment to a substantive post shall in respect of such temporary/
               probationary appointment be deemed to have held a permanent appointment for the purpose of the Provident
               fund rule, Provided that subscription to the Fund shall be optional for the teacher/ employee for the period of
               his temporary /probationary appointment.

            (3)     The contribution of each depositor to the fund shall be eight percent of the salary of the depositor , such
                      contribution shall be deducted monthly from the salary of the depositor , and the amount so deducted
                      together with an equal amount to be contributed by the college shall be deposited in the Saving Bank of
                      any Post Office or scheduled Commercial Bank in a separate Provident fund Account in the joint name
                      of the teacher / employee and the Principal of the College;

                    Provided that in the case of the account of the Principal , it shall be in the joint name of the Principal and the
    chairman of the Governing Body ;

                     Provided also that depositor may raise, at his option, his contribution to the Provident Fund to any amount
  not exceeding 15% of his monthly salary. Even when the contribution is so raised of the college shall be eight percent
  of the salary of the depositor.

            (4) (i)  An employee on leave on full average pay shall continue to subscribe to the Provident Fund during the
                       period of such leave.
                 (ii)  A teacher employee under suspension shall not contribute to the provident Fund during the period of
                       suspension nor shall the contribution of college be due in this case.

           (5) the Governing Body may, under such Condition as may be laid down by it, permit the payment of premia of life
                assurance policy or policies on the life of the depositor out of his personal contribution to the Provident Fund.
                The amount to be deposited in the saving bank account of the depositor shall be reduced to the extent of such
                premia . In all such cases the, Life Insurance policy for which the premia are so paid shall be assigned in favour
                of the college.
                                   On retirement of the depositor from the service of the college the policy shall be reassigned to him
  by the college. In case of maturity of the policy during the service of the depositor in the college, full amount of the policy
  shall be credited to the provident fund account of the depositor. In the event of the death of the depositor during his
  service in the college the full amount of the policy shall be paid to the legal successor of the deceased to the provident
  fund.

            (6)  When a depositor's service in the college comes to an end by his retirement, resignation or otherwise he shall
                   be entitled to receive the entire amount standing to his credit in the Provident fund;

                                     Provided that a depositor whose service has been dispensed with for what in the opinion of the
  Governing Body is gross misconduct or who has been in the service of the college for a continuous period of less than
   two years from the date from which he was allowed to subscribe to the Provident Fund shall not be entitled to any part
   of the contribution of made by the college or to the interest accrued thereon;

                                     Provided also that in the event of the death of depositor during his service in the college, the
  entire amount standing to his credit shall be paid to the legal successor of the deceased.

  N.B. :-   The Provisions of the first proviso shall not be invoked in the case of an employee who is prevented from
                 rendering the minimum two years service by reason of death , disability which in the opinion of the Governing
                 Body prevents him from rendering further service or any scheme of retrenchment affecting such employee.

            (7)  The Governing Body shall frame rules for temporary advances from the provident fund, which shall, inter-alia
                   include the following as the legitimate objects for such advance.
             (i) to meet expenses in connection with the prolonged illness of the subscriber or any person actually dependent
                 on him ;
            (ii) to pay for overseas passage for reason of health or education of the subscriber or any person actually
                dependent on him;
            (iii) for meeting obligatory expenses, on a scale appropriate to the applicant's status, in connection with marriages,
                  funerals and religious ceremonies;
            (iv) to purchase land or building for his residence or for the construction of a residential house.

  34.  (1)     The employees including the teachers of the college shall be entitled to leave in accordance with the leave rules
                   of the Government of Madhya Pradesh in force and as applicable to Government servants in vacation and
                   non-vacation departments. All posts of teachers other than the Principal shall be vacation posts.

         (2)     In case of teachers leave other than casual leave shall be sanctioned by the Governing Body. Casual leave in
                   case of Principal shall be sanctioned by the Chairman of the Governing Body and in case of the other teachers
                   by the Principal.

  Part VIII - Miscellaneous:
  35.     (1)     The college shall have its own Fund and all receipts of the college such as fees, donations, grants, interest on
                     investments and Endowment Fund and borrowing shall be carried to the Fund.
         
            (2)     All moneys belonging to the Fund shall be deposited in such Bank or invested in such manner as the Governing
                      Body may decide.

            (3)     All expenditure, as may be sanctioned by the Governing Body, for the purpose of the college, shall be met from
                      the Fund.

            (4)     The fund of the college shall not be used for meeting any expenditure or giving any loan to the Foundation
                      Society or any other institution run by the Foundation Society.

  36.     (1)   In addition to such registers and records as the Governing Body may require to be maintained, every college
                   shall maintain such registers and records as may be prescribed by the Executive Council.

            (2)   Accounts, registers,proceedings of meetings and other records of the college shall be open to inspection,
                    on all working days during office hours, by members of the Governing Body and persons appointed by the
                    Executive Council to conduct any inspection.

  37.     No person connected with the management of the college and no Principal or, other teacher or other employee
            thereof shall directly or indirectly take or receive or cause to be taken or received any contribution, donation, fees
            or any payment of any sort either in cash or in kind, other than or in excess of the fees prescribed by the University,
            from or on behalf of any pupil as a condition for granting him admission to the college or pursuing a course of study
            therein and all such amounts paid by the students shall form part of the receipts of the college.

  38.     Any dispute arising out of the contract of service between the Governing Body of the college and any of its teachers
            shall at the request of the teacher or the Governing Body be referred by the Kulpati to a tribunal consisting of one
            nominee of the Kulpati other than a member of the Executive Council who shall be the Chairman and one nominee
            each of the teacher and the Governing Body and the decision of the tribunal shall be final.

 

APPENDIX 

  Form of Agreement of Service for Teachers

   An agreement made this …………………day   of………………….20………..between Shri …………………...
……………………………. (hereinafter called the Teacher) of the first part , and the governing body of the
………………….. college ( hereinafter called the Governing Body ), through its Chairman/ Secretary, of the second part.
        Where the Governing Body has appointed Shri…………………………… as a member of the teaching staff of
the ……………………………………..college upon the terms and conditions hereinafter set out and as provided in
the college code statute. Now this agreement witness that the party of the first part and the Governing body hereby
contract and agree as follows :-

         1. That this agreement shall begin from the …………………… Day of 20 ……….. and shall be determinable as
             hereinafter provided.
         2. That the party of the first part is employed on probation for a period of one year and shall be paid a monthly salary
             of Rs …………….. in the pay scale of Rs …………………………….. The period of probation may be
             extended by such further period as the party of the second part may deem fit; but the total period of probation
             shall, in no case, exceed two years . The teacher shall be deemed to have been confirmed in his appointment
             unless not later than one month before the expiration thereof, the Governing Body informs him in writing of its
             intention not to continue him.
         3. That on confirmation the Governing Body shall pay to the teacher during the continuance of this management
             salary in the pay scale of Rs …………… and no increment shall be withheld without the approval of the
             Governing Body.
        4. The teacher shall during the continuance of his engagement be entitled to the benefit of the Provident Fund
              maintained by the Governing Body in accordance with the provisions laid down in the college code.
        5. That the date of birth of the party of the first part is ………….. and the age of superannuation will be sixty years,
              the actual date of retiring shall be the last day of the academic year in which he attained the age of sixty unless
              extension is granted as provided in para 26 of the college code.
       6. That the teacher shall be entitled to leave in accordance with the provision of the College code.
        7. That the teacher shall devote his whole time to the service of the college, and shall not without the permission of
            the Governing body , engage directly or indirectly in private tuition or any trade or business or other remunerative
            work which may interfere with the proper discharge of his duties; but this prohibition shall not apply to such benefits
            as accrued to him as an Examiner or Author of books or due to his academic achievements.
        8. That the party of the first part shall , in addition to the ordinary duties, perform such other duties as may be assigned
             to him by the principal of the college in connection with the Social intellectual or athletic activities of the college or
           examinations or administration or the keeping of discipline in the college.
       9. After confirmation , the service of the party of the first part can be terminated only on the following grounds :-
           (a) Misconduct including willful neglect of duty;
            (b) Breach of any of the terms of contract;
            (c) physical or mental unfitness;
           (d) Incompetence;
           (e) Abolition of post;

               Provided that :-
              (i) the plea of incompetence shall not be used against the party of the first part after he has served the party of
                  the second part for two years or more after his confirmation.
             (ii) the services of the party of the first part shall not be terminated under sub-clause (c) without obtaining a
                  certificate to that affect from a Medical Board to be appointed by the Governing Bod
            (iii) The services of the party of the first part shall not be terminated on any account without the previous
                  approval of the Executive council.

        10.  Except when termination of service has taken place under sub-clause (a) or (b) of clause 9 neither the party of
               the first part nor the party of the second part shall terminate this Agreement, except by giving to the other party
               three months notice in writing or by paying to the other party a sum equal to three month's salary , which the
               party of the first part is then earning, the period of notice referred to above dose not include the summer vacation
               or any part  thereof.

        11.  Nothing in this agreement shall affect the right of the party of the first part to apply for referring any difference or
              dispute arising out of this agreement to the Tribunal constituted under paragraph 39 of the college code.

        12.  On the termination of this agreement from whatever cause , the teacher shall deliver up to the Governing Body
                all books , apparatus , records and such other articles belonging to the college or to the University as may be
                in his possession.
             The Governing Body shall clear the account of the teacher in respect of arrears of salaries , if any, and other dues
   that may be payable to him from the college within three months of the termination of this Agreement.

  Signature.........................................               day of.............................20.................................
           (1).....................................................................(party of the first part)
           (2)......................................................................(part of the second part)

           In the presence of
           (1)........................................................................(Witness 1)
           (2)........................................................................(Witness 2)