Section 46 in The Haryana Private Universities, 2006
46. Special powers of Government in certain circumstances.
(1)If it appears to the Government that the university has contravened any of the provisions of this Act, Statutes, Ordinances, or Rules or has violated any of the directions issued by it under this Act or has ceased to carry out any of the requirements and conditions as laid down under sub-section (1) of section 5 or is involved in financial mismanagement or mal-administration, it shall issue a notice requiring the university to show cause within a period of forty-five days as to why the university should not be dissolved by an Act of State Legislature.(2)If the 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 all or any of the provisions of this Act, Statutes, Ordinances or Rules or of violating directions issued by it under this Act or of ceasing to carry out the requirements and conditions as laid down under sub-section (1) of section 5 or is involved in financial mismanagement or maladministration, it shall make an order of such enquiry as it may consider necessary.(3)The Government shall, for the purposes of any enquiry under sub-section (2), appoint an inquiry officer or officers to inquire into any of the allegations and to report thereon.(4)The inquiry officer or officers appointed under sub-section (3) shall have the same powers as are vested in a civil court under the Code of Civil Procedure, 1908 (Act 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 on oath;(b)requiring the discovery and production of any such document or any other material as may be predicable in evidence;(c)requisitioning any public record from any court or office; and(d)any other matter which may be prescribed.(5)The inquiry officer or officers inquiring under this Act shall be deemed to be a civil court for the purposes of section 195 and Chapter XXVI of the Code of Criminal Procedure, 1973 (Act 2 of 1974).(6)On receipt of the enquiry report from the officer or officers appointed under sub-section (3), if the Government is satisfied that the university has contravened all or any of the provisions of this Act, Statutes, Ordinances or Rules or has violated any of the directions issued by it under this Act or has ceased to carry out the requirements and conditions under sub-section (1) of section 5 or a situation of financial mismanagement and maladministration has arisen in the university which threatens the academic standard of the university, it shall dissolve the authorities of the university and appoint an administrator.(7)The administrator appointed under sub-section (6) shall have all the powers and shall be subject to all the duties of the Governing Body and the Board of Management under this Act and shall administer the affairs of the university until the last batch of the students of the regular courses have completed their courses and have been awarded degrees, diplomas or awards, as the case may be.(7A)[ The administrator shall meet day to day expenses from the income/assets of the university. If the same are not sufficient, then the administrator with the prior approval of the Government shall have the powers to dispose of the properties and assets of the university.] [Amended vide Haryana Act No. 16 of 2012, assented to by the Governor of Haryana on 16th April 2012, published in the Haryana Gazette on 10th May 2012.](8)After having been awarded the degrees, diplomas or awards, as the case may be, to the last batch of the students of the regular courses, the administrator shall make a report to this effect to the Government.(9)[ On receipt of the report under sub-section (8), the Government shall make an amendment in the Schedule under section 6 by omitting concerned university therefrom and from the date of such amendment, all the assets and liabilities of the university shall vest in the sponsoring body:] [Amended vide Haryana Act No. 16 of 2012, assented to by the Governor of Haryana on 16th April 2012, published in the Haryana Gazette on 10th May 2012.]Provided that the degrees, diplomas or awards granted under sub-section (8) shall not be invalid merely on the ground that the university has been dissolved.
