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Madhya Pradesh Vishwavidyalaya Adhiniyam 1973
 
This was enacted to consolidate and amend the law relating to Universities and to make better provision for the organization and administration of Universities in Madhya Pradesh.


Section 6 Powers of a University

Subject to the provisions to this Act, the University shall have the following powers namely:
  1.  to provide for instruction in such branches of learning as the University may, from time to time determine and to make provision for research and for the advancement and dissemination of knowledge;
  2.  to provide instruction including of correspondence and such other courses to such persons as are not members of the University, as it may determine;
  3.  to organize University laboratories, libraries, museums and other equipment for teaching and research;
  4.  to establish, Maintain and manage colleges, teaching departments, school of studies, centers of studies and halls; 
    1. to institute Professorships, Readerships, Lectureships and any other academic or teaching posts required by the University and to appoint persons to such posts in accordance with provisions of this Act;
    2. to appoint persons working in any other University or organization as teachers of the University for a specified period; .
  5.  to recognize teachers as qualified to give Instructions in colleges;
  6.  to recognize persons eminent in any subjects to guide research in that subject;
  7.  to lay down the courses of Instructions for various examinations;
  8.  to institute degrees, diplomas, certificates and other academic distinctions;
  9.  to grant subject to such conditions as the University may determine, diplomas or certificates and confer degrees and other academic distinctions on the basis of examination, evaluation or any other method of testing;
  10.  to confer degrees and other academic distinctions on persons who have carried on research under conditions laid down in the Ordinances;
  11.  to withdraw degrees, diplomas certificates and other academic distinctions for good and sufficient reasons;
  12.  to confer honorary degrees or other academic distinctions on approved persons in the manner prescribed in the Statutes;
  13.  to provide such lectures and instructions for and to grant such diplomas and certificates to persons who are not enrolled as students of the University, as the University may determine;
  14.  to admit to its privileges colleges not maintained by the University to withdraw all or any of these privileges and to take over the management of colleges in the manner and under conditions prescribed by the Statutes or the Ordinances;
  15.  to declare a Teaching Department of the University, School of Studies or College as autonomous college:
  16.  to conduct, co-ordinate, regulate and control teaching and research work in the colleges and the institutions recognized by the University.
  17.  to recognize halls not maintained by the University and withdraw any such recognition in the manner prescribed in the statutes and the Ordinances;
  18.  to inspect colleges and recognize institutions and to take measures to ensure that proper standards of instructions, teaching and training are maintained in them;
  19.  to promote with special care the educational interest of the weaker sections of the people and in particular of the Scheduled Castes and the Scheduled Tribes;
  20.  to provide to the teachers and alumni of the University facilities of refresher and vacation courses;
  21.  to co-operate and collaborate with other Universities and authorities in such manner and for such purposes as the university may determine;
  22.  to take by itself or in co-operation with other Universities or the State Government or the Union Government special measures for the promotion and the development of the study of Hindi;
  23.  to make provision for: 
    1. Extramural teaching and extension service 
    2. correspondence course;(c) physical training;
    3. sports and athletic activities;
    4. social service schemes;
    5. National Cadet Corps;
    6. Students Union;
  24.  to provide for training for competitive examinations for service under the Union or the State Government and such other training as may contribute to national development;
  25.  to institute and manage: 
    1. Information Bureau;
    2. Employment Bureau; 
    3. Printing and publication Department and Translation Bureau;
  26.  to supervise and control the residence conduct and discipline of students of the University and to make arrangements of promoting their health and general welfare;
  27.  to demand and receive payment of such fees and other charges as may be prescribed by the Ordinances;
  28.  to prescribe and control the fees and other charges which may be received or recovered by colleges;
  29.  to create administrative, ministerial and other necessary posts to make appointments thereto;
  30.  to exercise control over. the salaried officers, teachers and other employees of the University in accordance with the. Statutes and the Ordinances;
  31.  to hold and manage trusts and endowments. and to institute and award fellowships, scholarships, exhibitions, bursaries, medals and other awards;
  32.  to receive donations and grants and to invest funds in accordance with the provisions of this Act;
  33.  to determine standards for admission into the University, which may include examination. evaluation or any other method of testing;
  34.  to make special arrangements in respect of women students as the University may consider desirable;
  35.  to make arrangements for promoting the health and general welfare of the employees; .
  36.  to do all such acts and things whether incidental to the powers aforesaid or not as may be requisite in order to further the objects of the University.

Powers of Kuladhipati (Governor)
IGenKF
10121324A
Section 10 - Inspections in University and College The Kuladhipati may, on his own motion, and shall on a request made by the State Government cause an inspection to be made by such person or persons as he may direct, of the University, its buildings, laboratories, museums, workshops and equipment and of any College or Institution maintained by the University or admitted to its privileges , and also of the Examinations, teaching and other work conducted or done by the University and cause an inquiry to be made in like manner in respect of any matter connected with the administration or finances of the University, Colleges or Institutions.

Where the Executive Council or the management does not, within a reasonable time, take action to satisfaction of the Kuladhipati, the Kuladhipati may after considering any explanation furnish or representation made by the Executive Council or the management, issue in consultation with the State Government, such directions as he may think fit and the Executive Council or management as the case may be shall comply therewith.

Section 12
  1. The Governor of Madhya Pradesh shall be the Kuladhipati of the University.
  2. The Kuladhipati shall, by virtue of his office, be the Head of the University and the President of the court and shall, when present preside at meetings of the court and at any convocation of the University.
  3. The Kuladhipati may call for any papers or information relating to the affairs of the University; for reasons to be recorded, refer any matter except a matter falling under Section 55 for reconsideration to any officer or authority of the University that has previously considered such matter.
  4. The Kuladhipati may, by an order in writing, annul:
    1. any proceedings of any officer, authority, Committee or body of the University, constituted by or under this Act. which is not in conformity with this Act, the Statutes, Ordinances or the Regulations, or 
    2. any proceedings, of any authority, Committee or other body which has been referred to him by the Kulapati under sub-section (7) of section 15, if he is satisfied that such proceedings are prejudicial to, the interests Of the University;

    Provided that before making such order he shall call upon the officer, authority, committee or body concerned to show cause why such an order should not be made and if any cause is shown within the time specified by him in this behalf he shall consider the same.
  5. Every proposal to confer an honorary degree shall be subject to the confirmation of the Kuladhipati.
  6. The Kuladhipati shall exercise, such powers as may be conferred on him by or under this Act.
Section 13 - Power to appoint Kulapati
The Kulapati shall be appointed by the Kuladhipati from a panel of not less than three persons recommended by a committee.

Section 24 A - Power to constitute finance committee
The Kuladhipati shall constitute a finance Committee for each University, consisting of the following members, namely:
  1. Kulapati of the University - Chairman;
  2. Registrar of the University - Member Secretary;
  3. Finance officer of the University;
  4. Commissioner, Higher Education or his nominee not below the rank of Joint Director;
  5. Secretary to the Government of Madhya Pradesh Higher Education Department or his nominee not below the rank of Deputy Secretary;
  6. Secretary to the Government of Madhya Pradesh, Finance Department or his nominee not below the rank of Deputy Secretary.

Powers of Kulapati (Vice Chancellor)

Section 15
  1. The Kulapati shall be the principal administrative and Academic officer of the University and shall in the absence of the Kuladhipati preside at the meetings of the court. He shall be an ex-officio member and Chairman of the Executive Council and of the Academic Council Member of the Court and Chairman of the Executive Council and Chairman of such other authorities committees and bodies of the University of which he is a member. He shall be entitled to be present and to speak at any meeting of any authority, committee or other body of the University but shall not be entitled to vote there at unless he is a member of the authority, committee or body concerned.
  2. It shall be the duty of the Kulapati to ensure that this act, the Statutes, the Ordinances and the Regulations are faithfully observed and he shall have all powers necessary for this purpose.
  3. The Kulapati shall have the power to convene meetings of the court, the Executive Council, the Academic Council and of such other authorities, Committees and bodies of the University of which he is the chairman. He may delegate this power to any other officer of the University.
  4. If in the opinion of the Kulapati any emergency has arisen which requires immediate action to be taken, the Kulapati shall take such actions as he deems necessary and shall at the earliest opportunity thereafter report his action to such officer, authority, committee or other body as would have in the ordinary course dealt with the matter.
  5. The Kulapati shall exercise general control over the affairs of the University and shall give effect to the decisions of the authorities of the University.
  6. The Kulapati shall exercise such other power as may be prescribed by the Statutes, Ordinances and Regulations.

Section 17 Appointment of Dean
The Dean of Students' Welfare shall be appointed by the Executive Council on the recommendation of the Kulapati.

Powers and duties of Executive Council
Section 24. Subject to the provisions of this Act, and the Statues, Ordinances and regulations made thereunder, the Executive Council shall have the following powers and perform the following duties, namely:
  1.  to hold, control and administer the property funds of the University;
  2.  to administer the funds placed at the disposal of the University for specific purposes;
  3.  to adopt the annual accounts together with the audit report;
  4.  to frame the annual financial estimates of the University and to place them before the court for its consideration; 
  5. to adopt the annual financial estimates after considering suggestions of the court, if any; to fix the limit for the total recurring expenditure and total non-recurring expenditure for the year based on the resources of the University which in the case of productive works may include the proceeds of loans;
  6. subject to clause (v), at any time during the financial year; 
    1. to reduce the amount of the budget grant; 
    2. to sanction the transfer of any amount within a budget grant from one head to another or from a subordinate head under one minor head to a subordinate head under another minor head; or 
    3. to sanction the transfer of any amount not exceeding rupees five thousand within a minor head from one subordinate head to another or from one primary unit to another;
  7.  to borrow and lend funds on behalf of the University;
  8.  to transfer any movable or immovable property on behalf of the University
  9.  to enter into, vary, carry out and cancel contracts on behalf of the University in the exercise or performance of the powers and duties assigned to it by this Act, and the Statutes.
  10.  to determine the form of, provide for the custody and regulate the use of the common seal of the University
  11.  to lay before the Commissioner higher education annually a full statement of the financial requirements of all college and halls;
  12.  to admit colleges to the privileges of the University on the recommendation of the Academic Council and with the previous sanction of the Commissioner Higher Education and Subject to the provisions of this Act, and Statutes and to withdraw any of the privileges and to take over the management of the college in the manner and under conditions prescribed by the Statutes and ordinances;
  13.  to declare Teaching Department of the University; School of Studies or Colleges, autonomous Colleges;
  14. Provided that the extent of autonomy which each such Teaching Department of the University, School of Studies or College may have and the matters in relation to which it may exercise such autonomy, shall be such as may be prescribed by the Statute;
  15.  to make provision for building, premises, furniture apparatus book and other means needed for carrying on the works of the University;
  16.  to accept on behalf of the University, trusts, bequests, donations and transfers of any movable of immovable property to the University.
  17.  to manage and regulate the finances, account and investments of the University;
  18.  to institute and manage:
    1. a Printing, Publication and Translation Bureau;
    2. an Information Bureau;
    3. an Employment Bureau;
  19.  to make provision for; 
    1. Extramural teaching and research, University extension activities, Correspondence Courses,
    2. physical training;(c) students' Union;
    3. students' Welfare;
    4. sports and athletic activities;
    5. social service schemes; 
    6. National Cadet Corps;
  20.  to scrutinize all proposals of the Academic Council with a view to their execution within the framework of the budget;
  21.  to institute such Professorships, Readerships, Lecturerships or other teaching posts as may be proposed by the Academic Planning and Evaluation Board;
  22.  to create administrative ministerial and other posts with the prior sanction of the State Government" and
  23.  to abolish or suspend, after report from the Academic Planning and Evaluation Board thereon any Professorships, Readerships, Lecturerships or other teaching posts in the University;
  24.  to establish, maintain and manage colleges, teaching departments institutions of research or specialized studies, laboratories, libraries, museums and halls;
  25.  to recognize halls and to provide housing accommodation for teachers of the University paid by the University;
  26.  to arrange for and direct the inspection of affiliated colleges, recognized institutions and halls and to issue instruction for maintaining their efficiency and for ensuring proper conditions of employment for members of their staff and payment of adequate salaries, and in case of disregard of such instructions, to modify on the recommendations of the Academic Council the conditions of affiliation or recognition or taking of such other steps as it deems necessary and proper in that behalf;
  27. to prepare a college code laying down therein the terms and conditions of affiliation of colleges other than Government Colleges;
  28. to call for reports, returns and other information from affiliated colleges. recognized institutions or halls;
  29. to supervise and control the admission, residence, conduct and discipline of the students of the University find to make arrangements for promoting their health and general welfare;
  30. to recommend to the Kuladhipati the conferment of Honorary degrees and academic distinctions in the manner prescribed by Statutes; .
  31. to confer or withdraw degrees, diplomas, certificates and other academic distinctions in the manner prescribed by the statutes;
  32. to institute fellowships, scholarships, studentships, exhibitions, medals and prizes;
  33. to regulate and enforce discipline among members of the teaching, administrative and ministerial staff of the University in accordance with the Statutes and Ordinances;
  34. to recognize a member of the staff of an affiliated college or recognized institution as a teacher of the University and withdraw such recognition;
  35. to fix remuneration of examiners and to arrange for the conduct of and for publishing the results of the University examination and other tests;
  36. to cancel examinations in the event of malpractice partially or wholly and to take action against any person or group of parsons or institutions found guilty of such malpractice, including rustication of students;
  37. to take disciplinary action against students enrolled in the University, including candidates for any examination;
  38. to take disciplinary action against staff, persons appointed as invigilators examiners etc.
  39. to fix, demand and receive such fees and other charges as may be prescribed by the Ordinances;
  40. to make, amend and cancel Ordinances;
  41. to accept, reject or return to the Academic Council for consideration but not to amend, Regulation framed by the Academic Council;
  42. to entertain, adjudicate upon and, if deemed fit, to redress grievances of the employees and the students;
  43. to exercise such other powers and perform such other duties as may be conferred or imposed on it by or under this Act;
  44. to exercise all powers of the University not other wise provided for in this Act or the Statutes and all other powers which are requisite to give effect to the provisions of this Act or the Statutes;
  45. to delegate by Regulations any of its powers to the Kulapati, the Registrar or such other officer of the University or a Committee appointed by it as it may deem fit.

Powers of the finance committee
Section 24 A - Finance Committee shall exercise the powers and perform the functions as under:
  1. to review the income and Expenditure of the University;
  2. to prepare the Annual Financial Estimates of the University before the commencement of the financial year and place it before the Executive Council For approval and to advise amendment therein from time to time;
  3. to sanction proposals and take decisions on the income and expenditure of the University;
  4. to get the annual accounts and the annual audit of the University completed in time and in light of the report order appropriate directions;
University Fund

Section 32  - The University shall establish a Fund to be called the University Fund:  The following shall form part of, or be paid into, the University Fund:
  1. any rent, contribution or grant by Central or State Government or any body corporate;
  2. trusts, bequests, donations, endowments and other grants if any;
  3. the income of the University from all sources including income from fees and charges;
  4. all other sums received by the University.
Section 33 - Objects to which University fund may be applied
DUASSSE
  1. to the repayment of debts incurred by the University for the purposes of this Act and the Statutes, the Ordinances and Regulations made there under;
  2. to the upkeep of colleges, teaching departments, schools of studies established by the University, residence and halls;
  3. to the payment of the cost of audit of the University Fund;
  4. to the expenses of any suit or proceedings to which University is party;
  5. to the payment of salaries and allowances of the officers and employees of the University, members of the teaching staff and the establishment employed in the colleges, the teaching departments and school of studies maintained by the University for and in furtherance of the purposes of this Act, and the Statutes, the Ordinances and the Regulations made thereunder and to the payment of any Provident Fund Contributions, gratuity and other benefits to any such officers and employees, members of the teaching staff or the members of such establishment;
  6. to the payment of the traveling and other allowances of the members of the Court, Executive Council and the Academic Council and any other authorities of the University and/or the members of any committee or Board appointed by any of the authorities of the University in pursuance of any provision of this Act, and the Statutes, the Ordinances and the Regulations made thereunder;
  7. to the payment of fellowships, scholarships, studentships and other awards to students;
  8. to the payment of any expenses incurred by the University in carrying out the provisions of this Act, and the Statutes, the Ordinances, and the Regulations made thereunder;
  9. to the payment of any other expenses not specified in any of the preceding clauses declared by the Executive Council to be the expense for the purposes of the University.
No expenditure shall be incurred by the University in excess of the limits for total recurring expenditure and total non-recurring expenditure for the year fixed by the Executive Council without the previous approval of the Executive Council.
No Expenditure other than that provided for in the budget shall be incurred by the University without the previous approval of the Executive Council.

Resolution of Disputes

Section 55
If any question arises regarding the interpretation of any provisions of this act or of any Statute, Ordinance or Regulation or as to whether any person has been duly elected, appointed as or is entitled to be a member of any authority, or other body of the University, the matter shall be referred to Kuladhipati whose decision thereon shall be final;
Provided that before taking any such decisions the Kuladhipati himself or an officer nominated by him, shall give the person or persons affected thereby a reasonable opportunity of being heard.
In this Section the expression "appointed" does not include appointments to the salaried posts of the University.

Section 59(2)
Any dispute regarding service matters arising out of contract or otherwise between a University and any of its salaried employees shall be adjudicated upon by the Vice-Chancellor and an appeal against the Vice Chancellor's decision shall lie to the Kuladhipati, who shall decide the dispute himself or refer it to a Tribunal constituted for the purpose consisting of the following members, namely:
  1. a Senior Vice-Chancellor of any of the University;
  2. a Senior Secretary to the State Government; and
  3. a Senior Principal of the post graduate college of the State