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State of Uttarakhand - Section

Section 50 in Ras Bihari Bose Subharti University Act, 2016

50. De-recognition of University.

(1)Where the State Government receives a complaint that the University is not functioning in accordance with the provisions of this Act, it shall require the University to show cause, within such time, which shall not be less than six months, referring a copy of the complaint, as to why the University should not be derecognised.
(2)If, upon receipt of the reply of the University to the notice given under sub-section (1), the State Government is satisfied that a prima-facie case of violation of the provisions of this Act in the functioning of the University, is made out, it shall order such enquiry as it deems necessary.
(3)For the purposes of an enquiry under sub-section (2), the State Government shall, by notification, appoint an officer or authority as the enquiring authority to enquire into the allegation of violation of the provisions of this Act.
(4)Every enquiring authority appointed under sub-section (3) shall while performing its functions under this Act, shall have all the powers of Civil Court under the Code of Civil Procedure, 1908 trying a suit and in particular in respect of the following matters, namely :-
(a)summoning and enforcing the attendance of any witness and examining him on oath;
(b)requiring the discovery and production of any document;
(c)requisitioning any public record or copy thereof from any office;
(d)receiving evidence on affidavits;
(e)any other matter which may be prescribed.
(5)If, upon receipt of the enquiry report, the State Government is satisfied that the University has violated any provision of this Act, the Government shall direct the University to make necessary improvements & suggest for proper implementation of the provisions of this Act.
(6)If it is observed that the University is violating the Act continuously for three times, State Government may derecognize the University with prior approval of University Grant Commission.
(7)During the period of the management of the University under sub-section (6), the State Government may utilize the permanent endowment fund, the general fund or the development fund for the purposes of the management of the affairs of the University. If the funds of the University are not sufficient to meet the requisite expenditure of the University, the Statue Government may dispose of the assets or the properties of the University to meet the said expenses.
(8)Every notification under sub-section (6) shall be laid before both Houses of the State Legislature before implementation.