Section 41 in The M.P. Niji Vishwavidyalaya (Sthapana Avam Sanchalan) Adhiniyam, 2007
41. Special powers of State Government in certain circumstances.
(1)On report of the Regulatory Commission or otherwise if it appears to the State Government that a situation of financial mismanagement and maladministration has arisen in the private university, it shall issue notice requiring the private university to show cause within forty five days as to,(a)why an order of its liquidation should not be made;(b)why the Board of Management should not be suspended and an Administrator be appointed under sub-section (7).(2)If the State Government considers it necessary to suspend the Board of Management, it shall, by notification published in the official Gazette, order suspension of the Board of Management and shall make such arrangement in consultation with the sponsoring body for the administration of the business of the private university, as it may consider necessary.(3)If the State Government, on receipt of reply of the private university in respect of notice issued under sub-section (1), is satisfied that there is a prima facie case of financial mismanagement, maladministration or violation of any of the provisions of this Act, or direction issued thereunder, it shall made an order of such enquiry as it may consider necessary.(4)The State Government shall, for the purpose of any enquiry under sub-section (3), appoint an officer or authority to enquire into any of the allegations and make report thereon.(5)The enquiring authorities appointed under sub-section (4) shall have the same powers as are vested in a civil court under the Code of Civil Procedure, 1908 (5 of 1908) while trying a suit in respect of the following matters, namely ;-(a)summoning and enforcing the attendance of any person and examining him;(b)requiring the discovery and production of any document or material as may be required;(c)requisitioning any public record from any court or office;(d)any other matter which may be prescribed.(6)Every enquiring authority enquiring under this Act shall be deemed to be a civil court for the purposes of Section 195 and Chapter XVI of the Code of Criminal Procedure, 1973 (2 of 1974).(7)If the State Government, on receipt of the enquiry report, is satisfied that owing to financial mismanagement and maladministration a situation has arisen due to which the financial stability or administration of the private university has become insecure, it shall, by notification in the official Gazette, order liquidation of the private university or may cause the functioning of the private university to continue by appointing an Administrator who shall have the powers vested in the governing body :Provided that no order of liquidation shall take effect unless the entry relating to such private university is deleted from the Schedule to this Act.(8)While issuing notification in respect of liquidation under sub-section (7), the State Government shall till the end of current courses, make arrangement for the administration of business of the private university.(9)The State Government during the period of management of private university under sub-section (8) shall use the fund available with the private university and the surplus, if any, shall be forfeited.(10)All the expenses incurred in the process of enquiry and till the completion of admission of the students shall be met from the endowment fund or general fund of the private university.
