Chapter XIII ADMINISTRATOR FOR SPECIAL CIRCUMSTANCES

1. (1) Where the Government receives a complaint with material and substantial allegation that any Private University is not functioning in accordance with the provisions of this Act, or the university has been involved in activities prejudicial to the sovereignty, integrity, or security of India; or the premises of the university have been used for unlawful or anti-national activities; or the university has persistently failed to maintain academic standards or comply with the directions of the Regulatory Authority; or the university is being managed in a manner gravely prejudicial to the interests of students or public interest, it shall require the Private University to show cause within such time, which shall not be less than two months referring a copy of the complaint as to why the Private University should not be de-recognized.
2. (2) If, upon receipt of the reply of the Private University to the notice given under Sub-Section (1), the Government is satisfied that a prima facie case of mismanagement or violation of the provisions of this Act in the functioning of the Private University is made out, it shall order such inquiry as it deems necessary.
3. (3) For the purposes of an inquiry under sub-section (2), the Government shall by notification, appoint an officer or authority as the enquiring authority to enquire into the allegations of violation of the provisions of this Act.
4. (4) Every inquiring authority appointed under sub-section
5. (3) shall while performing its functions under this Act have all the powers of Civil Court under the Code of Civil Procedure, 1908 trying a suit and in particular in respect of the following matters, namely :—
   • (a) summoning and enforcing the attendance of any witness and examining him on oath;
   • (b) requiring the discovery and production of any document ;
   • (c) requisitioning any public record or copy thereof from any office ;
   • (d) receiving evidence on affidavits;
   • (e) any other matter which may be prescribed.
6. (5) If, upon receipt of the inquiry report, the Government is satisfied that the Private University has violated any provisions of this Act, it shall direct the Private University to make necessary improvement and suggest for proper implementation of the provisions of this Act.
7. (6) If it is observed that the Private University is violating the Act continuously leading to a situation of financial mismanagement and maladministration has arisen in the Private University which threatens the academic standards of the Private University, the Government may, by notification, appoint an Administrator or a Committee of Administrators to take over the management of the university.

1. (1) The Administrator appointed under sub-section
2. (5) of section 63 shall hold office for such a period as the Government may specify, but not exceeding two years, extendable by a further period of one year.
3. (2) The Administrator shall exercise all the powers and perform all the duties of the Governing Council, Executive Council and all other authorities of the university under this Act and shall administer the affairs of the Private University until the last batch of the students of the regular courses have completed their courses or syllabus and they have been awarded with degrees, diplomas or other academic distinctions, as the case may be.
4. (3) After having been awarded the degrees, diplomas or academic distinctions, as the case may be, to the last batches of the students of the regular courses, the administrator shall make a report to that effect to the Government.
5. (4) On receipt of the report under sub-section (3), the Government after due consideration, continue the functioning of the Private University by vesting the powers of the Governing Council in any other sponsoring body having similar objectives or may with the prior approval of the Universities Grants Commission and other regulatory bodies concerned, de-recognise the Private University.
6. (5) During the process of de-recognition under sub-section (4), the Government may utilise the funds of the Private University for the purpose of managing its affairs. If the funds of the Private University are not sufficient to meet the requisite expenditure of the Private University, the Government may dispose of the assets or the properties of the Private University to meet the said expenses.
7. (6) Power of the Government to issue directions on policy matters to Private University.—The Government may issue such directions, from time to time, to a Private University on policy matters not inconsistent with the provisions of this Act as it may deem necessary.

Dissolution of Private University

1. (1) If any Private University proposes its dissolution for any reason, it shall give at least six months written notice to the Government.
2. (2) On receipt of notice referred to in sub-section (1), the Government shall make such arrangement for administration of the Private University from the date of dissolution of the Private University and until the last batch of students in regular courses of studies of the Private University complete their courses of studies in such manner as may be prescribed.

1. (1) The expenditure for administration of a Private University during the process of its dissolution shall be met out from the funds of the university.
2. (2) If the funds referred to in sub-section
3. (1) are not sufficient to meet the expenditure of the Private University, such expenditure may be met by disposing of the properties or assets of the Private University by the Government.

1. (1) In case of dissolution of a Private University, the Government shall make arrangements for the transfer of students to other universities.
2. (2) The credits earned by students in the dissolved university shall be recognized by the university to which they are transferred.

All assets and properties and also the liabilities of a Private University shall belong to the sponsoring body in case of dissolution or de-recognition of the Private University.