Special powers of the State Government in certain circumstances

Special powers of the State Government in certain circumstances 46.

1. (1) If it appears to the Government that the university has contravened any of the provisions of this Act or the Rules, Statutes or Ordinances made there under or has violated any of the directions issued by it under this Act or has ceased to carry out any of the undertaking given under sub-section
2. (1) of section 5 or a situation of financial mismanagement or mal-administration has arisen in the university, it shall issue notice to the university to show cause within forty five days as to why an order of its liquidation should not be made.
3. (2) If the Government, on receipt of reply of the university on the notice issued under sub-section (1), is satisfied that there is a prima facie case of contravening all or any of the provisions of this Act or the Rules, Statutes or Ordinances made there under or of violating directions issued by it under this Act or of ceasing to carry out the undertaking given under sub-section
4. (1) of section 5 or of financial mismanagement or maladministration, it shall make an order of such enquiry as it may consider necessary.
5. (3) The State Government shall, for the purpose of any enquiry under sub-section (2), appoint an inquiry officer or officers to inquire into any of the allegations and to make report thereon.
6. (4) The inquiry officer or officers appointed under sub-section
7. (3) shall have the same powers as are vested in a civil court made 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 document or any other material as may be predicable in evidence;
   • (c) requisitioning any public record from any court or office; and
   • (d) any other matter which may be prescribed.
8. (5) The inquiry officer or officers inquiring under this Central Act shall be deemed to be a civil court for the purposes of section 215, Chapter XV, Bharatiya Nagarik Suraksha Sanhita, 2023
9. (6) On receipt of the enquiry report from the officer or officers appointed under sub-section (3), if the State Government is satisfied that the university has contravened all or any of the provisions of this Act or the Rules, Statutes or Ordinances made there under or has violated any of the directions issued by it under this Act or has ceased to carry out the undertakings given by it under sub-section
10. (1) of section 5 or a situation of financial mismanagement or maladministration has arisen in the university which threatens the academic standard of the university, it shall make orders for liquidation of the university and appoint an administrator.
11. (7) The Administrator appointed under sub-section
12. (6) shall have all the powers and be subjected to 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 students of the regular courses have completed their courses and they have been awarded degrees, diplomas or awards as the case may be.
13. (8) 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, the administrator shall make a report to the effect to the State Government.
14. (9) On receipt of 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 of publication of such notification the university shall stand dissolved and all the assets and liabilities of the university shall vest in the sponsoring body from such date.