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State of Rajasthan - Section

Section 40 in Dr. Sarvepalli Radhakrishnan Rajasthan Ayurved University, Jodhpur Act, 2002

40. Withdrawal of affiliation.

(1)The rights conferred on a college by affiliation may be withdrawn in whole or in part or modified if the college has failed to carry out any of the provisions of sub-section (1) section 35 or the college has failed to observe any of the conditions of its affiliation or the college is conducted in a manner which is prejudicial to the interests of education.
(2)A motion for the withdrawal or the modification of such rights shall be initiated only in the Academic Council. The member of the Academic Council who intends to move such a motion shall give notice of it and shall state in writing the grounds on which it is made.
(3)Before taking the said motion into consideration, the Academic Council shall send a copy of the notice and written statement mentioned in sub-section (2) to the Principal of the college concerned together with intimation that any representation in writing submitted within a period specified in such intimation on behalf of the college, will be considered by the Academic Council:Provided that the period so specified may, if necessary, be extended by the Academic Council.
(4)On receipt of the representation or on the expiry of the period referred to in sub-section (3), the Academic Council after considering the notice of motion, statement and representation and after such inspection by competent person or persons authorized by it in this behalf and such further inquiry as may appear to it to be necessary shall make a report to the Board of Management.
(5)On receipt of the report under sub-section (4) the Board of Management, shall, after such further inquiry, if any, as may, appear to it to be necessary, record its opinion in the matter:Provided that no resolution of the Board of Management recommending the withdrawal of affiliation shall be deemed to have been passed by it unless the resolution has obtained the support of two-thirds of the members present at a meeting of the Board of Management, such majority comprising not less than one- half of the members of the Board of Management.
(6)The Registrar shall submit the proposal and all proceedings, if any, of the Board of Management and the Academic Council relating thereto, to the State Government which, after such further inquiry, if any, as may appear to it to be necessary, shall make such order as it deems fit and communicate it to the Board of Management.
(7)Where by an order made, under sub-section (6), the rights conferred by affiliation are withdrawn in whole or in part or modified, the grounds for such withdrawal or modification shall be stated in the order.