Vidhi Codex

section 62

Special powers of State Government under certain circumstances

The Sikkim Private Universities (Establishment and Regulation) Act, 2025
Education202574 sections11 chapters
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Chapter XI INSPECTION, DISSOLUTION AND WINDING UP OF PRIVATE UNIVERITY

Statutory text
  1. (1) Where the State Government is of the opinion that the University has contravened any of the provisions of this Act, the Rules, the Statutes or the Ordinances made there under or has violated any of the direction issued by it under this Act or a situation of financial mismanagement or mal-administration has arisen in the University, it shall issue the notice requiring the University to show cause within 45 (forty-five) days as to why an administrator should not be appointed.
  2. (2) On receipt of reply of the University on the notice issued under sub section (1), if the State Government is satisfied that there is a prima facie case of contravention of any of the provision of this Act, the Rules, the Statutes or the Ordinances made there under or violation of directions issued by it under this Act or there is financial mis-management or mal-administration, it shall make an order of such inquiry as it may consider necessary.
  3. (3) The State Government may, by notification for the purposes of any such inquiry under sub-section (2), direct the Regulatory Commission to inquire into any of the allegations and to make report thereon.
  4. (4) The Regulatory Commission 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; court or office.
  5. (5) On receipt of the inquiry report from the Regulatory Commission if the State Government is satisfied that the University has contravened all or any of the provisions of this Act, the Rules, the Statutes or the Ordinances made hereunder or has violated any of the directions issued by it under this Act or a situation of financial mis-management and mal-administration has arisen in the University which threatens the academic standard of the University, it may appoint an administrator.
  6. (6) The administrator appointed under sub-section
  7. (5) shall exercise all the powers and perform all the duties of the Governing Body and 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 with degrees, diplomas or, as the case may be, awards.
  8. (7) 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 that effect to the State Government.
  9. (8) On receipt of the report of the Regulatory Commission, the State Government may, by notification dissolve the University and on dissolution of the University, all the assets and liabilities of the University shall vest in the Sponsoring Body.

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