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State of Maharashtra - Section

Section 49 in Poona University Act, 1974

49. Withdrawal of Affiliation.

(1)The rights conferred on a College by affiliation may be withdrawn, in part or in whole, or modified if the College has failed to carry out any of the provisions of sub-section (3) of section 43 or to observe any of the conditions of its affiliation, or is conducted in a manner prejudicial to the interests of the University or its standards.
(2)A motion for withdrawal or modification of such rights shall be initiated only in the Executive Council and the member who intends to move such motion shall give notice of it and state in writing the grounds on which it is ˜made.
(3)Before considering such motion, the Executive Council shall send a copy of the notice and of the statement to the management and copies thereof to the Principal of the College, together with intimation that any representation, if submitted by it in writing within a period specified in the intimation, shall be considered by the Executive Council:Provided that, the period so specified may if necessary, be extended by the Executive Council.
(4)On receipt of such representation or expiry of the period referred to in sub-section (3), the Executive Council shall, after considering the notice of motion, the statement and the representation, if any, and after such inspection by a committee of competent persons authorised by it hi that behalf, and such further inquiry as it thinks necessary, ascertain and consider the views of the Academic Council on the matter, and record its opinion thereon. The Executive Council shall then recommend to the Senate the action to be taken, and such recommendation shall be deemed to have been duly passed by the Senate if supported by a majority of not less than two-thirds of the members present at the meeting of the Senate.
(5)When any such recommendation is passed by the Senate the Registrar shall submit the opinion and all proceedings, if any, of the Senate and the Academic and Executive Councils relating thereto to the State Government, which shall after such further inquiry as it thinks necessary, make such order as it decides.
(5)Where, by an order made under sub-section (5), the rights conferred by affiliation are withdrawn in part or in whole, or modified, the grounds for such withdrawal or modification shall be stated in the order.
(7)The Executive Council may, at any time, arrange a special inspection of any affiliated College on such aspects of its working as it thinks necessary.
(8)The Executive Council may, on the basis of the report made to it, and after giving reasonable opportunity to the management of being heard, and making such further inquiry as it thinks fit, give directions to the management requiring it to rectify any defect or deficiency found in the working of the College.
(9)If the management, without reasonable cause, fails to comply with any directions given under sub-section (8), the Executive Council may, after considering the explanation, if any, given by the management, take such further section as it thinks fit, including"
(a)recommending to the State Government the stopping of aid to the College;
(b)with the previous approval of the Senate, recommending to the State Government the withdrawal of affiliation, in part or in whole; or
(c)with the previous approval of the Senate, taking over the management of the College in the public interest, for a period not exceeding three years.
(10)The management of an affiliated College which, in the opinion of the Executive Council, has failed, without reasonable cause, to comply with the directions given under sub-section (8), shall be liable to be taken over by the University, with the concurrence of the State Government, as prescribed by the Statutes.
(11)In the event of the closure of any affiliated College by the management, the University may take over its management, as prescribed by the Statutes.