63. Power to regulate the management of private colleges.
(1)Whenever Government arc satisfied on receipt of a report from the University or upon other information that a grave situation has arisen in which the working of a private college cannot be carried on for all or any of the following reasons, namely: -(a)default in the payment of the salary of the members of the staff of the college for a period of not less than three months ;(b)wilful closing down of the college for a period of not less than one month except in the case of the closure of the college during a vacation ;(c)persistent default or refusal to carry out all or any of the duties imposed on any of the authorities of the college by this Act or the Statutes or Ordinances or Regulations or Rules or Bye-laws or lawful orders passed thereunder ;and that in the interest of the private college it is necessary so to do, the Government may, after giving the governing body or managing council, as the case may be, the manager appointed under sub-section (I) of section 50 and the educational agency, if any, of the college a reasonable opportunity of showing cause against the proposed action and after considering the cause, if any, shown, by order, appoint the University to manage the affairs of such private college temporarily for a period not exceeding two years:Provided that in cases whose action is taken under this sub-section otherwise than on a report from the University, it shall be consulted before taking such action.(2)On appointment of the University to manage the affairs of a private college under sub-section (1), it shall, subject to the provisions of sub-section (3) have all the powers and functions of the governing body or the managing council, as the case may be, under this Act and the Statutes.(3)The University shall submit a monthly report of the decisions taken by it in connection with the management of the private college to the governing body or managing council, as the case may be.(4)If the governing body or managing council, as the case may be, disapproves any decision taken by the University in connection with the management of the private college the matter shall be referred by the governing body or managing council, as the case may be to the Government, within one month of the date of receipt of the report under sub-section (3) who shall thereupon pass such order thereon as they think fit and communicate the same to the governing body or managing council and also to the University.(5)On receipt of an order of the Government under sub-section (4) the University shall modify its decisions in consonance with such order.(6)The manager appointed under sub-section (1) of section 50 shall be bound to give effect to the decisions of the University and if at any time, it appears to the University that the manager is not carrying out its decisions, it may, for reasons to be recorded in writing and after giving the manager an opportunity of being heard, by order remove him from office and appoint another person to be the manager after consulting the educational agency.(7)The manager who is removed from office under sub-section (6) may, within a period of thirty days from the date of receipt by him of the order under that sub-section, appeal to the Government and the decision of the Government thereon shall be final.(8)The governing body or managing council, as the case may be, may, at any time, apply to the Government for termination of the appointment of the University under sub-section (1) and if the Government are satisfied that the circumstances no longer inquire the continuance of appointment of the University to manage the affairs of the private college, they may, by order terminate such appointment.(9)The governing body or managing council, as the case may be, and the educational agency, if any, of the private college shall be liable to pay to the University all expenses incurred by the University out of University funds for the management of the affairs of such private college under this section.(10)Any amount payable to the University under sub-section (9) shall be a first charge on the assets of the private college.(11)The University shall maintain the accounts for the income and expenditure of the private college for the period during which its affairs have been managed by the University under this section and shall be liable to pay over annually to the governing body or the managing council, as the case may be, of the private college, the balance, if any, after meeting all the expenses out of the income.(12)The educational agency, if any, and the governing body 01 the managing council, as the case may be, of the private college shall have access to the accounts maintained by the University in respect of the private college under sub-section (11).
