Power of Government to enquire into the affairs of the University

(1) If the Government, after making such enquiry as it may deem fit, are satisfied that the management of the University has not been or cannot be carried on in accordance with the provisions of the Act or that there has been such default in the performance of its duties by any of the authorities of the University that the administration of the University is not likely to promote its objective, it may, after consultation with the Chancellor, issue notice to the University to show cause within forty-five days as to why an order of its supersession should not be issued. (2) If 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 contravention of any of the provisions of this Act or the Rules, Statutes or Ordinances or regulations made thereunder or of financial mismanagement or of maladministration, it shall make an order of such enquiry as it may consider necessary. (3) The Government shall, for the purposes of any enquiry under sub-section (2), appoint an enquiry officer or officers to inquire into any of the allegations and to make report thereon. (4) The enquiry 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 document or any other material as may be predicable in evidence; (c) requisitioning any public record from the University; and (d) any other matter which may be prescribed. (5) The Inquiry officer or officers inquiring under this Act shall be deemed to be a civil court for the purposes of section 195 and chapter XXVI of the Code of Criminal Procedure, 1973. (6) On receipt of the enquiry report from the officer or officers appointed under sub-section (3), if the Government is satisfied that the University has contravened any of the provisions of this Act or the Rules, Statutes or Ordinances or regulations 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 standard of the University, it shall make orders for liquidation of the University and appoint an administrator. (7) The order under sub-section (6) shall remain in force for such period, not exceeding one year, as the State Government may specify therein. (8) A copy of every such order shall, as soon as may be after it is issued, be laid before the State Legislature. (9) Upon making the order under sub-section (6)— (a) the authorities of the concerned University shall be deemed to have been superseded and the members thereof holding office immediately before the issue of the order shall be deemed to have vacated their offices as such; (b) the concerned Vice-Chancellor shall be deemed to have vacated his office as such; (c) the powers and functions of the authorities and the Vice-Chancellor shall, during the operation of the order, be exercised and performed by the Administrator; (d) the Administrator shall, for the purpose of signing the Degrees, Diplomas and other certificates granted by the University, be designated as the Vice-Chancellor thereof; (e) every person ceasing to hold office as aforesaid and having possession, custody or control of any property of, or any books, documents or other papers relating to, the University shall deliver the property, books, documents and other papers to the Administrator or to such person as may be authorised by the Administrator in this behalf; and (f) the Government shall take all necessary steps for securing possession of the properties, books, documents and other papers. (10) No person, who ceases to hold office by reason of the order under sub-section (6) shall be entitled to any compensation for the loss of his office. (11) The Administrator shall take all necessary steps for the reconstitution of the authorities and for the appointment of the Vice-Chancellor so that the members of the said authorities and the Vice-Chancellor can assume office upon the expiry of the period specified in sub-section (7): Provided that notwithstanding anything contained in this Act, the Government may, in consultation with the Chancellor, appoint the officer acting as the Administrator to be the Vice-Chancellor of the University with effect from the date of expiry of the order under sub-section (6) for such term not exceeding three years as it may think fit. (12) All elections, selections and nominations for the purpose of reconstitution of the said authorities shall be held in advance in accordance with the provisions of this Act and Statutes and all persons who are to take part in any such election, selection or nomination by virtue of holding office as member of any authority shall, notwithstanding the fact that they have not assumed such office, be eligible to take such part. (10) No person, who ceases to hold office by reason of the order under sub-section shall be entitled to any compensation for the loss of his office. (11) The Administrator shall take all necessary steps for the reconstitution of the authorities and for the appointment of the Vice-Chancellor so that the members of the said authorities and the Vice-Chancellor can assume office upon the expiry of the period specified in sub-section: Provided that notwithstanding anything contained in this Act, the Government may, in consultation with the Chancellor, appoint the officer acting as the Administrator to be the Vice-Chancellor of the University with effect from the date of expiry of the order under sub-section (6) for such term not exceeding three years as it may think fit. (12) All elections, selections and nominations for the purpose of reconstitution of the said authorities shall be held in advance in accordance with the provisions of this Act, Statutes and all persons who are to take part in any such election, selection or nomination by virtue of holding office as member of any authority shall, notwithstanding the fact that they have not assumed such office, be eligible to take such part.