35. Post for appointment shall not be created without prior sanction of the State Government.
(1)Notwithstanding anything contained in this Act, no University or constituent college of such University, except a college which-(a)is established, maintained or governed by the State Government, or(b)is a college established by religious or linguistic minority-(i)[ shall, after the commencement of this Act, create any teaching or nonteaching post involving financial liability without the prior approval of the State Government;] [Substituted by Act 67 of 1982.](ii)shall increase the pay or allowances attached to any post, or sanction any new allowance:Provided that the State Government may, by an order, revise pay-scale attached to such post or sanction any new allowance;(iii)shall grant any special pay or allowance or other remuneration under any description whatsoever ex-gratia including payment or any other benefits having financial implication to any person holding a teaching or non-teaching post;(iv)shall incur expenditure of any kind on any development scheme without the prior approval of the State Government.(2)Notwithstanding anything contained in this Act, no College, other than any of the college mentioned in clauses (a) and (b) of sub-section (1) shall after the commencement of this Act, appoint any person to any post without the prior sanction of the State Government:Provided that no sanction of the State Government shall be necessary for filling up any sanctioned post of a teacher, for a period not exceeding six months, by a candidate who possesses, the prescribed qualifications.(3)[ Any appointment or promotion made contrary to the provisions of this Act, or Statutes Rules or Regulations made thereunder or made in irregular or unauthorised manner shall be invalid and shall be terminated at any time. The expenditure incurred by the University against such appointment or promotion shall be realised from the officer making such appointment or promotion as a public demand under the provisions of the Public Demand Recovery Act, 1914.] [Inserted by Act 18 of 1993.]
