Vidhi Codex

section 58

De-recognition of the University by the State Government

Fusion University Sikkim Act, 2025
Education202554 sections
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Statutory text
  1. (1) Where the State Government receives a complaint that the University is not functioning in accordance with the provision of this Act or Rules, it shall require the University to show cause within such time, which shall not be less than two months, as to why the University should not be de-recognized.
  2. (2) If upon receipt of the reply of the University to the notice given under sub- section
  3. (1) the State Government is satisfied that a prima-facie case of mismanagement or violation of the provision of this Act in the functioning of the University is made out, it shall order such enquiry as it deems necessary.
  4. (3) For the purpose of an inquiry under sub-section
  5. (2) that State Government shall by notification, appoint an officer or authority not below the rank of Joint Secretary as the inquiring authority to inquire into an allegation of violation of the provision of this Act.
  6. (4) Every inquiring authority appointed under sub-section
  7. (3) while performing its functions under this Act shall have all the powers of a Civil Court trying a suit and particularly, in respect of the following matters, namely: -
    • (a) summoning and enforcing the attendance of any witness and examining him on oath;
    • (b) requiring the discovery and production of any documents;
    • (c) requisitioning any public record or copy thereof from any office;
    • (d) receiving evidence on affidavits; and
    • (e) any other matters which may be prescribed.
  8. (5) If upon receipt of the inquiry report, the State Government is satisfied that the University has violated any provision of this Act, it shall direct the University to make necessary improvement and suggest for proper implementation of the provision of this Act.
  9. (6) If it is observed that the University is violating any provision of the Act continuously for three times the State Government may by notification take over its management duly informing the University Grant Commission.
  10. (7) During the period of the management of the University, the State Government may utilize the permanent endowment fund, the general funds or any other fund for the purpose of the Management of the affairs of the University. If the funds of the University are not sufficient to meet the requisite expenditure of the University, the State Government may dispose of the assets or the properties of the University to meet the said expenses.

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