Government to apply Act in modified form with a view to provide for better administration of University in certain circumstances

(1) If the State Government on receipt of a report or otherwise, is satisfied that a situation has arisen in which the administration of the University cannot be carried out in accordance with the provisions of the Act, without detriment to the interests of the University and it is expedient in the interest of the University so to do, it may by notification, for reasons to be mentioned therein, direct that the provisions of Sections 9, 15, 16 to 20, 28, 29, 30 and 37 shall as from the date specified in the notification (hereinafter in this Section referred to as the appointed date) apply to the University. (2) The Notification issued under sub-section (1) shall remain in operation for a period of one year from the appointed date and the State Government may, from time to time, extend the period of such further period as it may think fit so; however that the total period of operation of the notification does not exceed three years. (3) The Kuladhipati shall simultaneously with the issue of the notification, appoint Kulpati under Sections 9 and Kulpati so appointed shall hold office during the period of operation of the notification. Provided that Kulpati may, notwithstanding the expiration of the period of operation of the notifications, continue to hold office thereafter until his successor enters upon office but this period shall not exceed one year. (4) As from the appointed date; the following consequences shall ensue, namely:- (one) Kulpati, holding office immediately before the appointed date shall notwithstanding that his term of office has not expired, vacate his office. (two) every person holding office as a member of the Executive or the Academic council, as the case may be immediately before the appointed date shall cease to hold that office; (three) until the, executive Council or Academic Council, as the case may be is reconstituted in accordance with the provisions as modified, Kulpati appointed under Section 9 as modified, shall exercise the powers and perform the duties conferred or imposed by or under this Act, on the Executive Council or Academic Council. Provided that the Kuladhipati may, if he considers it necessary so to do, appoint a committee consisting of an educationist, an administrative expert and a financial expert to assist Kulpati so appointed in exercise of such powers and performance of such duties. (5) Before the expiration of the period of operation of the notification or immediately as early as practicable, thereafter, Kulpati shall take steps to constitute Executive Council and Academic Council in accordance with the provisions of the Act, as unmodified and the Executive Council and Academic Council as so constituted shall begin to function on the date immediately following the date of expiry of the period of operation of the notification of the date on which the respective bodies are so constituted whichever is later. Provided that if the Executive Council and Academic Council are not constituted before the expiration of the period of operation of the notification, Kulpati shall on such expiration, exercise the powers of each of these authorities subject to prior approval of the Kuladhipati till the Executive Council or Academic Council, as the case may be, is so constituted. (6) Notwithstanding anything contained in this Act, it shall be binding on every authority of the University and every officer of the University to give effect to the direction given under this section. (7) Every officer of the University shall be personally liable for misapplication of any fund or property of the University as a result of non-compliance of the direction given under this section to which he shall have been a party or which shall have happened through or been facilitated by gross neglect of his duty as such officer, and the loss so incurred shall, on a certificate issued by the Secretary, Higher Education be recovered from such officer as an arrears of land revenue. Provided that no action to recover the amount of loss as arrear of land revenue shall be taken until reasonable opportunity has been given to the person concerned to furnish explanation and such explanation has been considered by the State Government.