Enforcement of provisions and directions

The Uttarakhand Sanskrit Education Act

Education201453 sections

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Statutory text

(1) Where the District Assistant Director of Sanskrit Education on the basis of an inspection of an institution receiving maintenance grant from the State Government or its records or otherwise is satisfied that its management has committed default in complying with any direction given under section 32 or with any provision of section 33 or section 40 he may recommend to the Deputy Director of Sanskrit Education, that action be taken against the institution under sub-section (2). (2) On receipt of a recommendation under sub-section (1), the Deputy Director of Sanskrit Education, may call upon the management to comply with the said direction or provision or to show cause within a week why the management should not be suspended. (3) Where the management fails to comply as aforesaid or to show cause, or the Deputy Director of Sanskrit Education considers the cause shown to be insufficient, he may by order supersede the management for such period not exceeding one year as may be specified in the order, and authorize any person(hereinafter referred to as the Managing Administrator) to take over the management of the institution receiving maintenance grant from the State Government for the said period, Provided that the Deputy Director of Sanskrit Education, may where he considers it necessary or expedient so to do,-- (i) extend the said period from time to time, so however, that the period so extended does not exceed five years in the aggregate; or (ii) revoke the order at any time, Provided further that nothing in clause (ii) of the preceding provision shall bar the passing of a fresh order under this section. (4) On an order being made under sub-section (3) the Managing Administrator shall, to the exclusion of the management and subject only to the directions, if any, of the Deputy Director of Sanskrit Education or the State Government, exercise all the powers and perform all the functions of the management, including management of the property belonging to or vested in the institution receiving maintenance grant from the State Government, and in particular, operate singly the bank account referred to in section 40, Provided that nothing in this section shall be construed to confer on the Managing Administrator the power to transfer any such property (except by way of letting from month to month in the ordinary course of management) or to create any charge thereon (except as a condition of receipt of a grant-in-aid of the institution from the State Government). (5) Any order made or direction given under this section shall have effect notwithstanding anything inconsistence there with contained in any other enactment or instrument relating to the management and control of the institution receiving maintenance grant from the State Government (including any scheme of administration) or relating to the property belonging to or vested in the institution.

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