45. De-recognition of the University by the State Government.
(1)Where the State Government is satisfied that the University is not functioning in accordance with the provisions of this Act, on receipt of a complaint with respect to mismanagement of the University, it shall require the University to show cause within such time which shall not be less than two months, as to why the University should not be de-recognized.(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 mismanagement or violation of the provisions of this Act, the rules, the Statutes, the Ordinances thereunder 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 and report upon the allegations of mismanagement or violation of the provisions of this Act, the rules, the Statutes, the Ordinances or any direction issued thereunder.(4)Where the State Government considers it necessary or expedient to suspend the Court for the purposes of an enquiry with respect to the affairs of the University, it may, by notification, order the suspension of the Court, as the case may be, and make such arrangement for the administration of the University as it considers necessary till the conclusion of the enquiry.(5)Every enquiring authority appointed under sub-section (3) shall, while performing its functions under this Act, have all the powers of a Civil Court 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 by the rules.(6)If, upon receipt of the enquiry report, the State Government is satisfied that the University has been mismanaged or has violated any provisions of this Act, the Statutes and the Ordinances thereunder, it may, by notification, derecognize the University with prior approval of the University Grants Commission.(7)During the period of the management of the University under subsection (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 State 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.
