Section 39 in Pandit Sundar Lal Sharma (Open) University Chhattisgarh Adhiniyam, 2004
39. State Government to assume financial control in certain circumstances.
(1)If the State Government is satisfied that owing to maladministration or financial mismanagement in the University a situation has arisen whereby financial stability of the University has become insecure, it may by notification, declare that the finances of the University shall be subject to the control or the State Government.(2)Every notification issued under sub-section (1) shall, in the first instance, remain in operation for a period of one year from the date specified in the notification and the State Government may, from time to time, by notification, extend the period of operation by such further period as it may think fit, provided that the total period of operation does not exceed three years.(3)During the period of the authority of the State Government shall extend to give directions to the said University to observe such cannons of financial propriety as may be specified in the direction and to give such other directions as the State Government may deem necessary and adequate for the purpose.(4)Notwithstanding anything contained in this Act, any such direction may include : -(I)a provision requiring the submission of the budget to the State Government for sanction;(II)a provision requiring the University to submit every proposal involving financial implications to the State Government for sanction;(III)a provision requiring the submission of every proposal for the revision of pay scale and rate of allowances of the officers, teachers, and other persons employed by the University to the State Government for the sanction;(IV)a provision requiring the deduction of salaries and allowances of all or any class of persons employed by the University ;(V)a provision requiring the deduction in the number of posts of the officers, teachers and other person employed by the University;(VI)a provision requiring the lowering down of scales of pay and rate of allowances, and(VII)a provision in regard to such other matters as may have the effect of reducing the financial strain on the University :Provided that the Kuladhipati may, if he considers it necessary so to do, appoint a committee consisting of an educationist, and administrative expert and a financial expert to assist Kulpati so appointed in exercise of such powers and performance of such duties.(5)Notwithstanding anything contained in this Act, it shall be binding on every authority of the University and every officer of the University to give effect to the direction given under this section.(6)Every officer of the University shall be personally liable for misapplication of any fund or property of the University as a result of non-compliance of the direction given under this section to which he shall have been a party or which shall have happened through or been facilitated by gross neglect of his duty as such officer, and the loss so incurred shall, on a certificate issued by the Secretary, Higher Education be recovered from such officer as an arrear of land revenue :Provided that no action to recover the amount of loss as arrear of land revenue shall be taken until reasonable opportunity has been given to the person concerned to furnish explanation and such explanation has been considered by the State Government.
