section 44
Special powers of the State Government in certain circumstances.
The Homoeopathy University, Jaipur Act, 2010Education201050 sections
Statutory text
- (1) If it appears to the State Government that the University has contravened any of the provisions of this Act or the rules, Statutes or Ordinances made thereunder or has violated any of the directions issued by it under this Act or has ceased to carryout any undertakings given by it to the State Government or a situation of financial mismanagement or mal-administration has arisen in the University, it shall issue notice requiring the University to show cause within forty-five days as to why an order of its liquidation should not be made.
- (2) If the State 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 any of the provisions of this Act or the rules, Statutes or Ordinances made thereunder or of violating directions issued by it under this Act or of ceasing to carryout the undertakings given by it or of financial mismanagement or mal-administration, it shall make an order of such enquiry as it may consider necessary.
- (3) The State Government shall, for the purposes 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.
- (4) The inquiry 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 (Central Act No. 5 of 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; and
- (c) requisitioning any public record from any court or office.
- (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 26 of the Code of Criminal Procedure, 1973 (Central Act No. 2 of 1974).
- (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 any of the provisions of this Act or the rules, Statutes or Ordinances made thereunder or has violated any of the directions issued by it under this Act or has ceased to carryout the undertakings given by it or a situation of financial mismanagement and mal-administration 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 and thereupon the authorities and officers of the University shall be subject to the order and direction of the administrator.
- (7) The administrator appointed under sub-section (6) shall have all the powers and be subject to all the duties of the Board of Management under this Act and shall administer the affairs of the University until the last batch of the students of the regular courses have completed their courses and they have been awarded degrees, diplomas or awards as the case may be.
- (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.
- (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.
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