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State of Karnataka - Section

Section 48 in University of Horticultural Sciences Act, 2009

48. Withdrawal of Affiliation.

(1)The rights conferred on a college by affiliation, either temporary or permanent, may be withdrawn in whole or in part or modified, if the college has failed to comply with any of the provisions of this Act or the college has failed to comply with any of the conditions of the affiliation or the college conducted in a manner prejudicial to the interest of the education.
(2)A motion for the withdrawal or the modification of such rights shall be initiated only in the meeting of the Board. Any member of the Board, including ex-officio member who intends to move such a motion shall give a notice of it in writing setting out the grounds on which such a motion is made.
(3)Before taking the said motion into consideration, the Board shall send a copy of the said notice to the principal of the College concerned specifically intimating that any representation in writing on the motion shall be submitted by the College within a period to be specified in such intimation and the same will be considered by the Board.
(4)The Period so specified in sub-section (3) may if so expedient be extended by the Board up to a reasonable time.
(5)On receipt of the representation or on the expiry of the period referred to in the preceding sub-sections, the Board shall, after considering the notice of motion, the grounds set out therein and the representation received thereon and after such inspection by a Committee constituted and authorized by it in this behalf and after such further enquiry as may appear to it to be necessary pass a resolution regarding the reasons therefore and shall transmit it to the Academic Council.
(6)On receipt of the report under sub-section (5), the Academic Council shall, after such further enquiry, if any as may appear to it to be necessary, record its opinion and refer back to the Board.
(7)The Board after considering the resolution of the Academic Council, shall pass a final resolution recommending the withdrawal of affiliation. Such a resolution shall not be deemed to have been passed by the Board unless it has obtained the support of two third of the members present at a meeting.
(8)The Registrar shall submit the proposal with all the documents including the notice of motion, the reply of the college, resolutions of the Board and the Academic Council to the State Government for taking decision.
(9)The State Government may, after such further enquiry, as may appear to it to be necessary, direct the University to withdraw the affiliation in whole or in part or as modified and as applicable from a particular academic year or to reject the proposal.
(10)The University shall on receipt of such direction pass formal order in accordance with such direction.
(11)The students of a college, the affiliation of which has been withdrawn in whole or in part shall be accommodated in the nearby colleges by the University by increasing the intake in respect of a particular course of study to the extent of such students to be accommodated. All the documents in respect of such students shall be transferred from the college in respect of which the affiliation has been withdrawn to the college to which they are transferred by the University.