Inspection of the recognized Institution and removal of defect

The Uttarakhand Sanskrit Education Act

Education201453 sections

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Statutory text

(1) The Director may inspect a recognized institution or cause it to be inspected by the departmental officers from time to time. (2) The Director may direct a management to remove any defect or deficiency found on inspection or otherwise. (3) If on the receipt of information or otherwise, the Director is satisfied that— (i) the Committee of Management of an institution has failed to comply with the judgment of any court or any direction made under this Act or any other law for the time being in force; (ii) the Committee has failed to appoint teaching staff possessing such qualifications as are necessary for the purpose of ensuring to maintenance of academic standard in the institution or has appointed or retained in service any teaching or non-teaching staff in contravention of the provision of this Act or the Regulations; (iii) any dispute with respect to the right claimed by different persons to be lawful office bearers of the Committee of Management has affected the smooth and orderly administration of the institution concerned ; (iv) the Committee has persistently failed for three years to provide the institution with such adequate and proper accommodation, library, furniture, stationery, laboratory equipment or other facilities as are necessary for the efficient administration of such institution; (v) the Committee has substantially diverted, misapplied or misappropriated the property of the institution to is detriment or has transferred any property in contravention of the provisions of the Uttar Pradesh Educational Institutions (Prevention of dissipation of Assets) Act, 1974; (vi) the draft of the Scheme of Administration had not been submitted within the time allowed therefore under section 29, or that the Management of the institution is being conducted otherwise than in accordance with the Scheme of Administration or the affairs of the institution are being otherwise mismanaged; (vii) the Scheme of Administration in relation to an institution, approved before the commencement of this Act, is inconsistent with the provisions of this Act and the management of the institution has failed to alter or modify it within a reasonable time despite notice under section 32, he may refer the case to Board for withdrawal of recognition of such institution, or issue notice to the Committee of Management to show cause within thirty days from the date of receipt of notice why an order under sub-section (4) should not be made; (4) Where the Committee of Management of an institution fails to show cause within the time allowed under sub-section (3) or within such extended time as the Director may, from time to time allow, or where the Director is, after considering the cause shown by the Committee of shown by the Committee of management satisfied that any of the grounds mentioned in sub-section (3) exists, he may recommend to the State Government to appoint an authorized controller for that institution thereupon, the State Government may, by order, for reasons to be recorded authorize any person (hereinafter referred to as the authorized Controller) to take over, for such period not exceeding two years, as may be specified, the Management of such Institution and its properties, Provided that if the State Government is of opinion that it is expedient so to do in order to continue to secure the proper management of the institution and its properties, it may from time to time, extend the operation of the order, for such period not exceeding one year at a time, as it may specify, so however, that the period specified in the initial order, but excluding the period specified in subsection (8), does not exceed five years, Provided further that if at the expiration of the said period of five years there is no lawfully constituted Committee of Management of the institution. The authorized Controller shall continue to function as such, until the State Government is satisfied that a Committee of Management has been lawfully constituted. (5) If on the receipt of information or otherwise, the State Government is of opinion that in relation to an institution the ground mentioned in clause (iii) or clause (v) of sub-section (3) exists, and that the interest of the institution calls for immediate action, it may, notwithstanding anything contained in the said subsection, issue notice to the Management of such institution to show cause within fifteen days from the date of receipt of such notice why an authorized controller be not appointed in respect of such institution. (6) Where the Committee of Management of the concerned institution fails to cause within the time allowed under subsection (5), or with in such extended time as the State Government may, from time o time allow or where the State Government is, alter considering the cause shown by the Committee of Management, satisfied that any of the grounds mentioned is clause (iii) or clause (v) of sub-section (3) exists, it may by order and for reasons to be recorded, appoint an authorized controller in respect of such institution and thereupon, the provisions of sub-section (4) shall mutatis mutandis apply. (7) Every notice issued by the Director under sub-section (3) on or before the service of the notice referred to in sub-section (5) and not finally disposed of on the date of such service shall, with effect from the said date, be deemed to have been in abeyance, Provided that nothing contained in this subsection shall be deemed to prevent the Director to take action upon grounds other than those mentioned in clauses (iii) and (v) of sub-section (3) in case the notice issued by the State Government under sub-section (5) is discharged. (8) If the State Government is of opinion that immediate suspension of the Committee of Management is also necessary or expedient in the interest of the institution concerned, it may, while issuing notice under sub-section (5), by order and for reasons to be recorded, suspend the Committee of Management and make such arrangement as it thinks proper for managing the affairs of the institution pending the order that may subsequently be made under subsection (6), Provided that the suspension shall not remain in force for more than six months from the date it becomes effective. Explanation I: For the removal of doubts, it is hereby declared that in computing the period of time specified in sub-section (4) or sub-section (8), the time during which the operation of the order was suspended by the High Court in exercise of the powers under Article 226 of the Constitution shall be excluded. Explanation II: Nothing in sub-section (4) or sub-section (6) shall preclude, the State Government from revoking an order of appointment of an authorized controller appointed under any of the said provisions. (9) Nothing in the section shall be construed to confer on the authorized controller appointed under sub-section (4) or subsection (8), the power to transfer any immovable property belonging to the institution (expect by way of letting from, month to month in the ordinary courses of management) or to create any charge thereon (expect as a condition of receipt of any grant-in-aid for institution from the State Government or the Government of India). (10) Any order made under this section shall have effect notwithstanding anything inconsistent therewith contained in any other enactment or in any instrument (including any Scheme of Administration) relating to the management and control of the institution or its property, Provided that the property of the institution and any income there from shall continue to be applied for the purposes of the institution as provided in any such instrument. (11) The Director may give to the authorized Controller such directions as he may deem necessary for the proper management of the institution or its properties, and the authorized Controller shall carry out those directions. (12) No order made by the Board withdrawing recognition in pursuance of a reference made under sub-section (3) and other made or direction given under this section by the Director or the State Government shall be called in question except court of competent jurisdiction and no injunctions shall be wanted except court of competent jurisdiction in respect of any action taken or to be taken in pursuance of any powers conferred by or under this section. (13) The power conferred by this section shall be in addition to, and not in derogation of any powers conferred on the State Government or the authorized Controller under any other law for the time being in force. (14) Nothing contained in sub-section (3) to (13) shall apply to institutions established and administered by a minority referred to in clause (1) of Article 30 of the Constitution of India.

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