STATUTE No. 28
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
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
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University and where the Government body of the society is superceded under Section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society shall be the council of the local body and in case the local body is superceded
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foundation society and is the executive head thereof and where the society is superceded
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
of the college.
Provided that if the donation is given by any firm, association, trust or institution, the
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
If the college has only one Faculty at the undergraduate level
For every additional Faculty at the undergraduate level
For each Faculty at the post-graduate level
college does not have its own building which is considered satisfactory for its purposes
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 :
deposit with the University in every academic year commencing from the year 1974-75 an
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.
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
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
the event of the closure of the college or in the event of the college being taken over by
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
(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
(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
(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
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
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
Provided that where the Foundation Society does not take a decision on the proposal made
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
exceeding Rs. 4,000/- in the case recurring expenditure which involve additional financial
obligation on the
(d) to consider
and pass resolutions on the annual estimates of Income and Expenditure and the Audit
of the college and forward them to the Governing Body for its consideration;
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
(e) to appoint the Auditors
of the college from out of a panel of names approved by the Registrar of Firms and
(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
(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
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.
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,
a person having pecuniary interest in the affairs of the college, and
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
the Chairman and members appointed by the foundation society before the supercession of
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
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
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
(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
meeting shall be done
and decided by the majority of such members thereof as are present and vote at the
(5) The minutes of every meeting of the Governing Body
shall be drawn up by the Secretary and after approval by
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,
or Instructions of the
(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
Provided that no property of the college shall be disposed of without the approval of the
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
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
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
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
Provided that the services of a teacher other than one appointment in a leave vacancy or
for a specified, period shall not be terminated, for any reason whatsoever, without
the prior approval of the Executive
Provided also that such approval shall not be necessary in case of discharge of a teacher
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
sub-paragraph (1) of paragraph 4.
(e) Maintenance of
the college upto the academic standard required by the University and compliance by the
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
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
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
(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
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
(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
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
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
of this Statute within the aforesaid period, the Executive Council may extend
the period for a further period not exceeding
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.
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 :
to discuss the progress of studies in the college;
to bring to the notice of the Governing Body the needs of the students and teachers;
to make recommendations to the principal or the Governing Body for improvement of the
efficiency of the college;
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;
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;
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
the teaching work of the college.
(2) subject to the general control of the
Governing Body the Principal shall be responsible for :-
administration of the college generally as an institution admitted to the privileges of
management of the college library and hostels;
maintenance of the accounts, receipts and expenditure of the college;
correspondence of the college and custody of the records of the college;
administration of the amalgamated fund;
execution of the decision of the Governing Body.
(3) The principal shall have the following
(a) to admit
students to the college;
(b) to assign
duties in respect of teaching, administrative work and extra-curricular activities to the
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
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;
exercise all such other power as may be conferred on him by the Statutes, Ordinances and
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
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
of the post and allowing reasonable time within which the applicants may, in response to
submit their applications;
(b) on the
recommendation of the Selection Committee constituted in accordance with the provisions of
(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
(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
(2) The Selection
Committee for the appointment of a teacher of the college, other than the Principal, shall
(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-
(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;
that in case of an appointment of a teacher other than the Principal, no recommendation
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
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
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
qualifications prescribed for a lecturer;
that where a part-time Principal of a Law College is to be appointed, the appointee shall
the minimum qualifications prescribed for a principal and his appointment shall be
made with the prior approval of the
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
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;
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.
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
when no teacher of the college in the immediately lower cadre from which promotion is to
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
(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
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
(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
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.
No teacher shall be required to teach for more than twenty four periods
(including those for tutorial work)
in a week.
that no part-time teacher shall be required to teach for more than twelve periods in a
(6) (i) No teacher shall
act in a manner prejudicial to the interests of the college or associate himself with any
which in the opinion of the Governing Body might affect adversely the interest of the
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
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;
(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
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
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
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
salary in lieu thereof to a
temporary employee when terminating his service.
that no notice shall be necessary where the service of temporary teacher is discontinued
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
29. (1) the service of a teacher (other than one appointed
on temporary or part-time basis or on probation) shall not be
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
(iii) Physical or mental
(iv) Incompetence provided
that the plea of incompetence shall not be used against a teacher after two years of his
(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
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
giving to the other party three calendar month's notice or by paying to the other party a
sum equal to
monthly salary which the teacher concerned is then earning . The period of notice shall
not include the
vacation or any part thereof.
Part VI-suspension , penalties & Disciplinary
30. (1) the appointing authority may be an order place an
employee , including a teacher of the college under suspension :-
Where a disciplinary proceeding against him is contemplated or is pending; Or
where a case against him in respect of any criminal offence involving moral turpitude is
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
(2) An employee of the college shall be deemed
to have been placed under suspension by an order of the appointing
(a) with effect
from the date of his detention, if he is detained in custody, whether on a criminal charge
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
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
(4) During the period of suspension , the
employee shall be allowed subsistence allowance equal to fifty percent of the
drawn by him.
(5) If the employee is exonerated from the
charge or charges are subsequently withdrawn he shall be reinstated in his
and shall be paid full salary for the period of his suspension after deducting the
subsistence allowance already
31. (1) The appointing authority
may, for good and sufficient reasons, impose on an employee of the college (including
a teacher) the following penalties :
(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
of the college for petty carelessness, unpunctuality idleness or similar
appointing authority may institute disciplinary proceeding against an employee of the
(3) No order
imposing any of the penalties specified in sub-paragraph (1) above other than fine shall
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;
that no proposal to reduce in rank or pay of a teacher confirmed in the service of the
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
(i) Failure to perform his academic duties such as Lectures,
demonstrations, assessment, guidance, invigilation
(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
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.
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
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.
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
authority which made the order appealed against shall on receipt of a copy of the appeal ,
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.
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
Part VII- Provident Fund & Leave :
33. (1) The
Governing Body shall maintain a Provident Fund for the benefit of its employees.
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
rule, Provided that subscription to the Fund shall be optional for the teacher/ employee
for the period of
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
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.
An employee on leave on full average pay shall continue to subscribe to the Provident Fund
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
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
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;
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
Provided also that in the event of the death of depositor during his service in the
entire amount standing to his credit shall be paid to the legal successor of the
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
Governing Body shall frame rules for temporary advances from the provident fund, which
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
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,
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
of the Government of Madhya Pradesh in force and as applicable to Government servants in
non-vacation departments. All posts of teachers other than the Principal shall be vacation
(2) In case of
teachers leave other than casual leave shall be sanctioned by the Governing Body. Casual
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.
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
(4) The fund of the college shall not be used for meeting any
expenditure or giving any loan to the Foundation
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
such registers and records as may be prescribed by the Executive Council.
registers,proceedings of meetings and other records of the college shall be open to
all working days during office hours, by members of the Governing Body and persons
appointed by the
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,
or any payment of any
sort either in cash or in kind, other than or in excess of the fees prescribed by the
from or on behalf of
any pupil as a condition for granting him admission to the college or pursuing a course of
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
nominee of the
Kulpati other than a member of the Executive Council who shall be the Chairman and one
each of the teacher and
the Governing Body and the decision of the tribunal shall be final.
Form of Agreement of Service for Teachers
An agreement made this
. (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
as a member of the
teaching staff of
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
Day of 20
and shall be determinable as
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
.. 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
shall, in no
case, exceed two years . The teacher shall be deemed to have been confirmed in his
unless not later
than one month before the expiration thereof, the Governing Body informs him in writing of
intention not to
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
4. The teacher shall during the continuance of
his engagement be entitled to the benefit of the Provident Fund
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
date of retiring shall be the last day of the academic year in which he attained the age
of sixty unless
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
work which may
interfere with the proper discharge of his duties; but this prohibition shall not apply to
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
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
(e) Abolition of post;
the plea of incompetence shall not be used against the party of the first part after he
has served the party of
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
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
first part nor the party of the second part shall terminate this Agreement, except by
giving to the other party
months notice in writing or by paying to the other party a sum equal to three month's
salary , which the
of the first part is then earning, the period of notice referred to above dose not include
the summer vacation
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
arising out of this agreement to the Tribunal constituted under paragraph 39 of the
12. On the termination of this
agreement from whatever cause , the teacher shall deliver up to the Governing Body
books , apparatus , records and such other articles belonging to the college or to the
University as may be
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.
(1).....................................................................(party of the
(2)......................................................................(part of the
In the presence of