(1) If the Government, after making such enquiry as it may deem ft.
are satisfied that the managementof the Universityhas not been or cannot be carried on •n accordance wth the provisions of the Act or that there has been such default In the performance of its duties by any Of the authorities cf the Uruversitythat administrationof the UntversltyiSnot '*ely to promoteits Objective. it may. after consultation With the Chancellor. issue notice the Unversityto showcausewithrnforty-fivedaysas to whyan orderOfits supersession should not be issued
(2) If Government,on receipt of replyOf the Universityon the notice issued under sub-section(1), is satisfied that there is a prima-faciecase of contraven•ro or any of the provisionsof this Act or the Rules. Statutesor Ordinancesor regulationsmadethereunderorof financialmismanagementor of maladministration.it shallmakeanorderct suchenquiryas itmayconsider necessary
(3) The Governmentshall,for the purposesof any enquiryunder sub-section(2). appointan inquiryofficeror officerstc inquireintoanyof the allegations and to make report thereon.
(4) The *'Wiry offcer or officersappointedundersub-section(3) shal havethe same powersas are vestedin a civil court underthe of Civi Procedwe,190Bwhiletryinga suit in resgEctof thefollowingmatters, ActSof narnely
(b)
(c)
(d)
1908.
summoningard enforcingthe attendanceot any personand examining him on oath requiringthediscoveryand productionof anysuchdocument or anyothermaterialasmaybepredicableinevidence;
reqÄtioning anypubhcrecordfromtheUniversity:and any other matter•mich may be prescribed Searchable PDF created by OCR.space (Free Version) https://ocr.space/searchablepdf#watermark
(5) The Inquiry officer or officers inquiring under this Act shall be deemed to be a civil coun for the pwposes of section 195 and chapter XXVI of the Code of Criminal Procedure. 1973
(6) On receipt of the enquiry from the officer or officers appointed under sub-sect'on if the Government is satisfied that the university has contravenedahor anyof the provisionsot this Att or the Rules.
Statutes OrOrdinances or regulationsmade thereunder or has violated any of the directions issued by it under this Act or a situation of financial mismanagementand maladministrationhas arisen In the Unwersitywhich threatens the academic standard 01 the University, it shall make orders for liqkjdat•on of the university and appoint an administrator
(7) The order under sub-section (3) shall remain in force for such period.not exceeding year.as theStateGovernmentmayspecifytherein.
(8) A copyof everysuchordershall.as soonas maybe afterIt is issued, be laid before the State Legislature
(9) Uponmakingtheorderundersub-section(6)—
(a) theauthoritiesOftheconcernedUniversityshallbe deemed tc have been superseded and the members thereof holding office immeeatelybeforethe Issueof the order shallbe deemed tc have vacated their offices as such:
(b) the concernedVice-Chance'lorshalibe deemedto heve vacated his office as such;
(c) thepowersandfunctionsof theauthoritiesandtheVice- Chancellor shall, Curing the operation ot the order. be exercisedard performedby theAdministrator,
(d) the Administratorshag,for the purposeOfsigningthe Degrees.DiplomasandOthercertificatesgrantedby the University,bedesignatedastheVice-Chancellorthereof:
(e) everypersonceasingtoholdofficeasaforesaidandhaving possession.custodyor controlof anyproperlyof.or any books,documentsorotherpapersrelatingto. theUniversity shalldeliverthe property.books,documentsandOther Act 2 0' Searchable PDF created by OCR.space (Free Version) https://ocr.space/searchablepdf#watermark Proteclion Of action taken In pod faith Mode of of u niversity record 48 papers to the Administrator or to such person as may be authorised by the Administrator in this behaf, and
(f) the Governrnent shall take all necessary steps for securmg possession the properties. books, documents and other papers.
(10) No person, who ceases to hold office by reason of the order under sub-section shall be entitled to any compensation for the 'oss Ofhis office.
(11) The Administrator shall take all necessary steps for the reconstitution of the authorities and for the appointment of the Vice-Chancellor so that the members Of the said authorities and the Vlce-Chancellor can assume Office upon the expiry Of the period specified in sub-section
Provided that notwithst"ing anything contained in this Act, the Government may, in consultationwith the Chancel!or. appoint the officer acting as the Administrator to be the of the University with effect from the date Ofexpiry of the order under sub-section (6) for such term not exceeding three years as it may think tit.
(12) All elections. selections and nominations for the purpose of reconstitution of the said authorities shal be hetd in advance in accordance With the provisions Of this Act Statutes and an persons who are to take part in any such election, selection nominationby virtue of holding office as member of any authority shall. notwithstanding the fact that they have not assumed such office, be eligible to take such port.
46. No suit or Other legal proceedings shall lie against any officer, employee or authority of the University for anything, which is in good fadh done or ntended to be done in pursuance of any of the provisions of this Act, the Statutes, the Ordinances. the Regulations or the Rules
47. A copyOfreceipt.application.notice.order,proceeding.resolutionof any authority or committee of the University, or other documents in the possessionof the University,or My entry in any registerdulymaintainedby the University, if certified by the Registrar. shall be admitted as evidence of the Searchable PDF created by OCR.space (Free Version) https://ocr.space/searchablepdf#watermark make rues.
Of Other 49 'natters ane transactions specified therein. where the original thereof wouki, if produced have been evidence,
48. The Government may, by notification in the official Gazette, make for carrying out the purposes Ofthis Act.
49. 't anydifficultyarses tn giwngeffectto theprovisionsof thisAct, the Governmentmay by order, published in the official Gazette. make such provisions.notinconsistentwiththeprovisionsofthisActasappearstc itto be necessæ-yor expedient for removing the dtficulty•
Provided that no such order shall be made under this section aftertheexpiryof twoyearsfromthecommencementofthis Act.