Bare Act
Chapter IX WINDING UP OF UNIVERSITY
Education201632 sections6 chapters
Chapter IX WINDING UP OF UNIVERSITY
42. Management of University on dissolution of Sponsoring Body
Statutory text
42.
- (1) If the Sponsoring body proposes to dissolve itself according to the provisions of law governing its constitution, it shall give at least six months prior notice to the Government.
- (2) The Government shall, on receipt of such notice make such arrangements as may be necessary, for the administration of the University from the date of dissolution of the Sponsoring body till the completion of syllabus by the last batch of students admitted to the University.
- (3) The Government may continue the functioning of the University by appointing an administrator in place of Sponsoring body, who shall be entrusted with the prescribed powers and functions.
- (4) The Government on dissolution of the Sponsoring body after due consideration, may dissolve the University in such manner as may be prescribed.
Chapter IX WINDING UP OF UNIVERSITY
43. Dissolution of University
Statutory text
43.
- (1) The Government, after due consideration, may dissolve the University in such manner as may be prescribed: Provided that the dissolution of the University shall have effect only after the last batches of students of the regular courses have completed their courses and they have been awarded degrees, diplomas or awards, as the case may be. Provided further that the Government may continue the functioning of the University by appointing an administrator in place of the Sponsoring body entrusted with powers and functions as per sub-section
- (3) of section 42.
- (2) On dissolution of the University all the assets and liabilities of the University shall vest in the sponsoring body in the manner as may be prescribed:
Chapter IX WINDING UP OF UNIVERSITY
44. Provided that any specific concessions assigned by the Government to the University shall be resumed to the Government.
Statutory text
Special Powers of State Government in certain circumstances 44.
- (1) Where the Government is of the opinion that the University has contravened any of the provisions of this Act, the Statutes or the Ordinances or the Regulations or the rules made thereunder or has violated any of the directions issued by it under this Act 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 administrator should not be appointed.
- (2) On receipt of reply of the University on the notice issued under sub-section (1), if the Government is satisfied that there is a prima facie case of contravention of any of the provisions of this Act or the Statutes or the Ordinances or the Regulations or the rules made thereunder or violation of directions issued by it under this Act or there is financial mismanagement or maladministration, it shall make an order of such inquiry as it may consider necessary.
- (3) The Government shall, for the purposes of any such inquiry under sub-section (2), appoint an inquiry officer or officers to inquire into any of the allegations 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 of Civil Procedure, 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 documents or any other material as may be predicable in evidence; and
- (c) requisitioning any public record from any court or office.
- (5) On receipt of the inquiry report from the officer or officers appointed under sub-section (3), if the Government is satisfied that the University has contravened all or any of the provisions of this Act or the Statutes or the Ordinances or the Regulations or the rules made thereunder or has violated any of the directions issued by it under this Act or a situation of financial mismanagement and maladministration has arisen in the University which threatens the academic standards of the University, it may appoint an administrator.
- (6) The administrator appointed under sub-section
- (5) shall exercise all the powers and perform all the duties of the Governing Body and the Board of Management 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 with degrees, diplomas or awards as the case may be.
- (7) 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, or after transfer of all students to other institutions, if applicable, the administrator shall make a report to that effect to the Government.
- (8) On receipt of the report under sub-section (7), the Government after due consideration, may decide to continue the functioning of the University by vesting the powers of the Governing body in the prescribed manner to other societies having similar objects or the government may decide to dissolve the University in such manner as may be prescribed.
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