Section 46 in Uttaranchal School Education Act, 2006
46. Enforcement of provisions and directions.
(1)Where the District Education Officer 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 44 or with any provision of Section 43 or Section 45 he may recommend to the Regional Additional Director of Education that action be taken against the institution under sub-section (2).(2)On receipt of a recommendation under sub-section (1), the Regional Additional Director of 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 is Regional Additional Director of Education considers the cause shown to be insufficient, he may by' order supersede the management for such period not exceeding one year as may 136 specified in the order, and authorize any person (hereinafter referred to as the Authorized Controller) to take over the management of the institution receiving maintenance grant from' the State Government for the said period:Provided that the Regional Additional Director of 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 proviso shall bar the passing of a fresh order under this section.(4)On an order being made under sub-section (3) the Authorized controller shall, to the exclusion of the management and subject only to the directions, if any, of the Regional Additional Director of Education the Director 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 45:Provided that nothing in this section shall be construed to confer on the Authorized Controller 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 an 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 in consistence therewith 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.
