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Section 62: Special powers of the Regulatory Authority and the Government in certain circumstances

The Goa Private Universities Act, 2020State Act of Goa · Act 4 of 2020

(1) If, it appears to the Regulatory Authority that the University has contravened any of the provisions of this Act or Statutes or Ordinances made thereunder or has violated any of the directions issued by it under this Act or has ceased to carry out any of the undertakings given under subsection

(1) of section 6 or a situation of financial mismanagement or maladministration has arisen in the University, it shall issue notice requiring the University to show cause within forty-five days as to why an order of its dissolution should not be made.

(2) If the Regulatory Authority, on receipt of reply of the University on the notice issued under sub-section (1), is satisfied that there is a prima facie case of contravention of any of the provisions of this Act or the Statutes or Ordinances or Regulations made thereunder or of violation of directions issued by it under this Act or of ceasing to carry out any of the undertakings given or of financial mismanagement or maladministration, it shall make an order of such enquiry as it may consider necessary.

(3) The Regulatory Authority shall, for the purposes of any enquiry under sub-section (2), appoint an inquiry officer or enquiry committee to inquire into any of the allegations and to make report thereon.

(4) The inquiry officer or the enquiry committee appointed under sub-section (3) shall have the same powers as are vested in a Civil Court under the Civil Procedure Code, 1908 (Act of 1908) while trying a suit in respect of the following matters, namely:—

(a) summoning and enforcing the attendance of any person and examining him on oath;

(b) requiring the discovery and production of any such document or any other material as may be necessary in evidence;

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(c) requisitioning any public record from any office; and

(d) any other matter which may be prescribed by the Government from time to time.

(5) The inquiry officer or enquiry committee inquiring under this Act shall be deemed to be a Civil Court for the purposes of section 195 and Chapter 26 of the Code of Criminal Procedure, 1973 (Act No. 2 of 1974).21[ Section 215 and Chapter 28 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (Central Act No. 46 of 2023)”]

(6) On receipt of the enquiry report from the enquiry officer or the enquiry Committee appointed under sub-section (3), if the Regulatory Authority is satisfied that the University has contravened all or any of the provisions of this Act or the Statutes or Ordinances or Regulations made thereunder or has violated any of the directions issued by it under this Act or has ceased to carry out the undertakings given by it or a situation of financial mismanagement and mal-administration has arisen in the University which threatens the academic standard of the University, it shall make recommendations to the Government for liquidation of the University and shall appoint an Administrator.

(7) The Administrator appointed under sub-section (6) shall have all the powers and be subjected to all the duties of the Executive Council and the Governing Body under this Act and shall administer the affairs of the University until the last batch of the students of the regular courses have completed their courses and they have been awarded degrees, diplomas or awards, as the case may be.

(8) After having been awarded the degrees, diplomas or awards, as the case may be, to the last batches of the students of the regular courses, the Administrator shall make a report to the effect to the Regulatory Authority and the Government.

(9) On receipt of the report under sub-section (8), the Government shall, by a notification in the Official Gazette, issue an order dissolving the University and from the date of publication of such notification in the Official Gazette, the University shall stand dissolved and all the assets and liabilities of the University shall vest in the sponsoring body from such date.

Where this provision sits

ActThe Goa Private Universities Act, 2020
Section62
Marginal noteSpecial powers of the Regulatory Authority and the Government in certain circumstances
JurisdictionState of Goa
StatusIn force as published by the source

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