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State of Arunachal Pradesh - Section

Section 42 in Himalayan University, Itanagar (Arunachal Pradesh) Act, 2012

42. Special powers of the State Government in certain circumstances.

(1)If it appears to the State Government that the University has contravened any of the provisions of this Act made thereunder or has violated any of the directions issued by it under this Ac t or has ceased to carryout any undertakings given by it to the State Government or a situation or mal-administration has arisen in the University, it shall issue notice inquiring the University to show cause within forty-five days.
(2)If the State Government on receipt of reply of the University on the notice issued under sub-section (1), is satisfied that there is a prima facie case of contravening any of the provisions of this Act or the rules made thereunder or of violating directions issued by it under this Act or of ceasing to carryout the undertaking given by it or mal-administration, it shall make an order of such enquiry as it may consider necessary.
(3)The State Government shall, for the purposes of any enquiry under sub-section (2), appoint an arbitrator to inquire into any of the allegations and to make report thereon.
(4)The arbitrator appointed under sub-section (3) shall have the same powers as provided as per the Arbitration and Conciliation Act, 1996 ; while trying a suit in respect of the following matters, namely;-
(a)summoning and enforcing the attendance of any person and examining him on oath;
(b)requiring the discovery and production of any such document or any other material as may be predicable in evidence; and
(c)requisitioning any public record from any court or office.
(5)On receipt of the enquiry report from the officer or officers appointed under sub-section (3), if the State Government is satisfied that the University has contravened any of the provisions of this Actor the rules made thereunder or has violated any of the directions issued by it under this Act or has ceased to carryout the undertakings given by it or mai-administration has arisen in the University which threatens the academic standard of the University, it shall make orders for corrective actions or direction.