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Section 22-D: Inspection of affiliated institution and removal of defects.

The Uttar Pradesh Pravidhik Shiksha Adhiniyam, 1962State Act of Uttar Pradesh · Act 17 of 1962

22-D (1) The Director may cause an affiliated institution to be inspected from time to time.

(2) The Director may direct the Management of an affiliated institution to remove any defect or deficiency found on inspection or otherwise.

(3) Where the Management fails to comply with any direction made under subsection (2), the Director may, after considering the explanation or representation, if any, given or made by the Management-

(a) refer the case to the Board for withdrawal of affiliation; or

(b) recommend to the State Government to proceed against the affiliated institution under sub-section (4).

(4) If on receipt of a recommendation referred to in clause (b) of sub-section (3), the State Government is satisfied that in the interest of the institution it is necessary that the Management of that institution be handed over to an Authorized Controller, the State Government may by an order, for such period as may be specified in the order, appoint an Authorized Controller and that Authorized Controller may take over the management of the institution including management of the land, buildings, funds and other assets belonging to or vested in the institution to the exclusion of the Committee of Management or any other person, and whenever the Authorized Controller so takes over the management, he shall, subject only to such restrictions as the State Government may impose, have in relation to the management of the institution all such powers and authority as the Committee of Management would if no order were made under this sub-section.

(5) The period for which an order may be made under sub-section (4) shall not exceed one year in the first Instance:

Provided that if the State Government is of opinion that it is expedient so to do in order to continue to secure the proper management of the institution, it may from time to time extend the operation of the order for such period, not exceeding one year at a time, as it may specify, so however, that the total period of the operation of the order, including the period specified in the initial order under sub-section (4) does not exceed five years:

Provided further that if at the expiration of the said period of five years, there is no lawfully constituted Committee of Management of the Institution, the Authorized Controller shall continue to keep the management in his hand until the State Government is satisfied that the Committee to Management has been lawfully constituted: Provided further that the State Government may at any time revoke an order made under sub-section (4) or under this sub-section.

(6) No person who is appointed Authorized Controller under-section (4), shall be personally liable for acts done by him in good faith in performance of the duties entrusted to him.

(7) Any order made or directions given under sub-section (4) shall have effect, notwithstanding anything inconsistent therewith contained in any other enactment of instrument relating to the management and control of the institution (including any Scheme of Administration) or relating to the property belonging to or vested in the institution.

(8) No order made by the Board withdrawing affiliation under clause (a) of subsection (3) and no order made under sub-section (4) shall be called in question in any court.

(9) The powers conferred by this section shall be in addition to and not in derogation of any powers conferred on the State Government or the Authorized Controller under any other law.

Where this provision sits

ActThe Uttar Pradesh Pravidhik Shiksha Adhiniyam, 1962
Section22-D
Marginal noteInspection of affiliated institution and removal of defects.
JurisdictionState of Uttar Pradesh
StatusIn force as published by the source

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