Temporary taking over of management of the University in public interest

(1) Notwithstanding anything contained in any Law for the time being in force in the State where based on inspection report of Higher Education Council it is found that any private university is violating the,- (a) standard of instructions for grant of degree; (b) quality of education; (c) avoidance of commercialization of Higher Education; or (d) the provisions of the Act in which it is established. the Government is of opinion that, in spite of the directions by the Government, the university has not complied with it and has continued to mismanage, mal-administer and to practice indiscipline, then before directing for winding up of the management of the University, shall either in the public interest or in order to secure the proper management of the University be taken over, it may, after giving one month's notice to the Chancellor or Sponsoring Body in charge of the management of the University to make any representation, direct by notification, that the management of the University shall with effect on and from the date specified therein shall vest in the Government for a period of one year: Provided that, if the Government is of the opinion that in order to secure the proper management of the University, it is expedient that such management shall continue to vest in the Government after the expiry of the said period of one year, it may issue direction for the continuance of management for a further period not exceeding one year as it may think fit, so however, the total period for which management shall continue to vest in the Government shall not, in any case, exceed two years. (2) The University referred to in sub-section (1), shall be deemed to include all assets, rights and lease holds, powers, authorities and privileges and all property, movable and immovable, including lands, buildings, stores instruments and vehicles, cash balances, revenue fund, investments and book debts and all other rights and interests arising out of such property as were immediately before the date of taking over of the management under sub-section (1) in the ownership, possession, power or control of the management of the University and all books of account, registers and all other documents of whatever nature relating thereto. (3) All persons, in whom the management of the University vested immediately before the taking over shall, as from the date aforesaid, cease to be so vested and shall be deemed to have vacated their offices as such on the date aforesaid. (4) Notwithstanding anything in any other law for the time being in force, no person who ceases to hold any office by reason of the provisions contained in sub-section (3) shall be entitled to claim any compensation for the premature termination of the contract of management or other arrangement or for the cessation of management or for the loss of office, as the case may be. (5) Notwithstanding any judgment, decree or order of any court, tribunal or other authority or anything contained in any other law for the time being in force, every person in whose possession or custody or under whose control the University or any part thereof or any properties attached thereto vest shall transfer the same to the Administrative officer appointed by the Government for the purpose of carrying on the management of the University for and on behalf of the Government, or where no Administrative officer is appointed, to such other person as the Government may direct. (6) For the removal of any doubt, it is hereby declared that any liability incurred by the management in relation to the Private University before the taking over shall be enforceable against the said Governing Council or sponsoring body and not against Government or the Administrative Officer. (7) The amount payable in respect of the vesting in the Government, the University under sub-section (1) shall be an amount equal to the average net annual surplus income of the University during the period of its existence or the period of five consecutive accounting years immediately preceding the date of such vesting whichever is less: Provided that, no such amount shall be payable if the sponsoring body or Governing Council under which the University is found makes provision for the running of the University. (8) The amount payable under sub-section (7) shall subject to rules made under this Act, be paid by the Government to the person interested in the University in such manner and within such time as may be prescribed.