_) Tor the purpose of certaining the standards of teaching, examination and research or any other matter relating to the niversity, the Government may, cause an assessment-to be made in such manner as may be rescribed, by such person or persons as it may deem fit.
(2) The Government shall communicate to the University its recommendations in regard to the result of such assessment for corrective action and the University shall take such corrective easures as are necessary so as to ensure the compliance of the recommendations.
(3) If the University fails to comply with the recommendations made under sub-section
(2) within a reasonable time, the Government may give such directions as it may deem fit which shall be binding on the University.
41. Dissolution of the University by the sponsoring body.—(1) The sponsoring body may dissolve the University by giving a notice to this effect to the Government, the employees and the students of the University at least one year in advance:
Provided that dissolution of theUniversity shall have effect only after the last batches of iplomas or awards, as the case may be.
(2) Onthe sssoluton of the University all the assets and liabilities of the University shall est in the sponsoring body:
Provided that in case the sponsoring body dissolves the University before twenty five years ncumbrances.
42. Special powers of the Government in certain circumstances.—(1) If it appears to he Government that the University has contravened any of the provisions of this Ordinance or the les, statutés or ordinances made thereunder or has contravened any of the directions issued by it nder this Ordinance or has ceased to carry out any of the undertakings given or a situation of inancial mis-management or maladministration has arisen in the University, it shall issue notice
(4) Copies of annual accounts and balance sheet prepared under sub-section-(1) shall also students of the regular courses have completed their courses and they have been awarded degrees, - of its establishment all the assets ‘of the University shall vest in the Government free from all, | i .
we, 30 Riera, 2010/8 afar, 1932 5191 tequiring the University to show cause within forty five days as to why an order of its liquidation should not be made.
(2) If the on-receipt of reply of the University on the notice issued under subsection (1),is satisfied that thereis a prima facie case of contravening all or any of the provisions of this Ordinance or the rules, statutes or ordinances made thereunder or of contravening directions issued by it under this Ordinance or of ceasing to carryout the undertaking given or of financial mis-management or mal-administration, it shall make an order of such enquiry as it may consider necessary.
(3) The Government shall, for the purpose of any enquiry under sub-section (2), appoint an inquiry officer or officers to inquire intoany of the allegationsand tomake report thereon.
_ (4) The inquiry officer or. officers appointed under subsection (3) shall have the same powers as are vestedin a civil court under the Code of Civil Procedure, 1908 (5 of 1908) while beh om ame wo 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 othermaterial as maybe predicablein evidence;
(c) requisitioning any public record from any court or office; and -
(d) any other matter which may be prescribed.
(5) The inquiry officer or officers inquiring under this Ordinance, shall be deemedto be a civil court for the purposes of section 195 and Chapter 26 of the Code ofCriminal Procedure, 1973 (2 of1974).
(6) On receipt of the enquiry report from the officer or officers appointed under subsection(3), if the Government is satisfied that the University has contravened all or any of the ‘provisions of this Ordinance or the rules, statutes, or ordinances made thereunder or has violated any of the directions issued by it under this Ordinance or has ceased to carry out the undertakings given by it or a situation of financial mis-management and maladministration has arisen in the University which threatens the academic standard of the University, it shalliissue orders for the liquidation of the University and appoint an administrator.
(7) The administrator appointed under sub-section (6) shall have all the powers and be subject to all the duties of the Governing Body and the Board ofManagenient under this Ordinance 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 awarded the degrees, diplomas or awards, as the case may be, to thedast batches of the students of the regular courses, the administrator shall make a report to this effect to the Government.
(9) On receipt ofthe report under sub-section (8), the Government shall, by notification in the Official Gazette, issue an order dissolving the University and from the date of publication of . §192 - fearact weer, 30 2010/8 anfeaa, 1932 such notification, the University shall stand dissolved and all the assets of the University shall vest in the Government free from all encumbrances from the date of dissolution.
Power to make rules.—(1) The Government may, by notification in the Official rules for carrying out the provisions of this Ordinance.
@) Without prejudice to the generality of thefforegoing power, such rulesmay provide for all or any of the following matters, namely:—
(a) matter to be prescribed under clause (d) of subsection (4) of section.42; and
(b) other matters which are required to be, or may be, prescribed by rules under this Ordinance.
,
(3) All the rules made under this Ordinance shall be laid, as soon as may be after they are ‘so.made, before the State Legislative Assembly, while it is in session, for a period of not less than ‘ten days which may be comprised i in one session or in two or more successive sessions and if before the expiry of the session in which it is so laid or the successive sessions aforesaid, the Legislative Assembly agrees inmaking modificationin any of such rules or agrees that any such rule should not be made, such rule shali thereafter have effect only in such modified form or be of no effect, as the case may be, so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.
44, Power to remove difficulties.—(1) If any difficulty arises in giving effect to the provisions of this Ordinance, the Government may, by order publishedin the Official Gazette, make provisions, not inconsistent with the provisions of this Ordinance, as appear to it to be necessary or expedient for removing the difficulty:
Provided that no such order shall be made under this section after the expiry of a period of two years from the commencement of this Ordinance.
(2) Every order made under this section shall, as soon as may be after it is made, be laid before the State Legislative Assembly.
URMILA SINGH, > Governor, HimachalPradesh.
37 A.C. DOGRA Secretary (Law).
Shimla:
Dated : 2010.