section 17
Requisitioning assets of educational institutions
Sikkim Education Act, 2002(1) Where recognition or permission granted to an educational institution is withdrawn under this Act, or where an educational institution is closed or mismanaged and, if, in the opinion of the Government, it is necessary to requisition the assets and the property of such an institution, the Government may, after giving an opportunity to the management of the institution to make representation, requisition such assets and property and make such further orders regarding the possession and use of such assets and property of such an educational institution, as may appear necessary or expedient in connection with the purpose of such requisitioning. (2) Where any property is requisitioned under sub-section (1) the Government may - (a) use or deal with such property for any educational purpose, or (b) by order permit any person or body of persons to use or deal with such property for any such purpose subject to the payment of rent or other sums to the Government. (3) The Director or any person authorised by him shall enter upon the property requisitioned and take possession of the property requisitioned by dispossessing any person remaining in possession of such property, if so required. (4) Any person who resists the Director or any person authorised by him to take possession shall be liable to be evicted by an order of the Magistrate having jurisdiction over the property to be executed by the police. (5) The Government may, by notification release the property from the order of requisition in whole or in part if it is of the opinion that there is no necessity for keeping the property under requisition. (6) On such release, the property shall vest in the person or body of persons from whom it was requisitioned and the Government shall be discharged from all liabilities in respect of that property. (7) During the period of requisition, the Government shall pay rent to the owner of the property at a rate as applicable to similar properties in that area as per rules framed by the Government for fixing rent.
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