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Section 44: Special Powers of the State Governm ent in certain circum stances

The Jodhpur National University, Jodhpur Act,2009State Act of Rajasthan · Act 6 of 2009

(1) if it appear to the State Government that the University has contravened any o f the provisions o f this Act o f the rules , Statutes or Ordinances m ade thereunder or has violated any o f the directions issued by it under this Act or has ceased to carryout any undertakings given by it to the State Government or a situation o f financial mismanagement o f m al-adm inistration has arisen in the University , it shall issue 20 notice requiring the University to show cause within forty-five days as to why an order o f its liquidation should not be made.

(2) If the State Government, on receipt o f reply o f the University on the notice issued under sub-section(l) , is satisfied that there is a prima facie case o f contravening any o f the provisions o f this Act or the rules , Statutes or Ordinances made thereunder or o f violating directions issued by it under this Act or o f ceasing to carryout the undertakings given by it or o f financial m ism anagem ent or mal-adm inistration, it shall m ake an order o f such enquiry as it may consider necessary.

(3) The State Government shall, for the purposes o f any enquiry under sub­ section (2), appoint an inquiry officer or officers to into any o f the allegation and to make report thereon.

(4) The inquiry officer or officers appointed under sub- section(3) shall have the same powers as are vested in a civil court under the Code o f Civil Procedure , 1908 (Central Act No. 5 o f 1908) while trying a suit in respect o f the following matters, namely:-

(a) Summoning and enforcing the attendance o f any person and exam ining him on oath;

(b) Requiring the discovery and production o f any such docum ent or any other material as may be predicable in evidence ; and

(c) requisitioning any public record from any court or office.

(5) The inquiry officer or officers inquiring under this Act shall be deemed to be a civil court for the purposes o f section 195 and Chapter 26 o f the Code o f Criminal Procedure , 1973 ( Central Act No. 2 o f 1974).

(6) On receipt o f the enquiry report from the officer or officers appointed under sub-section (3) , if the State Government is satisfied that the University has contravened any o f the provisions o f this Act or the rules, Statutes or Ordinances made thereunder or has violated any o f the directions issued by it under this Act or has ceased to carryout the undertakings given by it or a situation o f financial m ism anagem ent and m al-adm inistration has arisen in the University w hich threatens the academic standard o f the University, it shall make orders for liquidation o f the University and appoint an administrator and thereupon the authorities and officers o f the University shall be subject to the order and direction o f the administrator.

(7) The administrator appointed under sub-section (6) shall have all the powers and be subject to all the duties o f the Board o f M anagement under 21 this Act and shall administer the affairs o f the University until the last batch o f the students o f 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 o f the students o f the regular courses, the administrator shall make a report to the effect to the State Government.

(9) On receipt o f the report under sub-section(8), the State Government shall, by a notification in the official Gazette, issue an order dissolving the University and from the date o f publication o f such notification the University shall stand dissolved and all the assets and liabilities o f the University shall vest in the Sponsoring Body from such date.

Where this provision sits

ActThe Jodhpur National University, Jodhpur Act,2009
Section44
Marginal noteSpecial Powers of the State Governm ent in certain circum stances
JurisdictionState of Rajasthan
StatusIn force as published by the source

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