Bare ActsThe Apex Professional University Act, 2012

Section 59

Amendment status not verified — confirm the current text below against the official source.

Dissolution of the Univeraity : (1) When the State Government receives a complaint in writing from University Grant Commission (UGC) New Delhi or any regulatory body regarding the University is not functioning in accordance with the provisions of this Act, the State Government shall iequire the University to show cause notice within such time, which shall not be less than three months referring a copy oi the complaint as to why the specified University course should not be derecognized. (2) li upon receipt ofthe reply ofthe University to the notice given under sub-section (1)the State Government is satisfied that a pdma-facie case of violation of the provisions ofthisAct, Statutes and Regulations in the functioning of the University is made out, it shall order to constitute committee not less than three persons to enquire the matter complained, (3) For the purpose of an inquiry under sub-section (2), the State Government shall by notification, appoint enquiry committee and also name the head of the committee and also designate other members of the committee with specific directions to enquire only the matter complained within specified time. (4) Every inquiring committee appointed under sub-section (3) shallwhile performing ils functions under this Act shall have all the powers of Civil Court with regard to summoning the witnesses and record of the university and issuing directions with regard to production of documents and record and recording statements of the witnesses underthe code of Civil Procedure, 1908. (5) lf upon recelpt of the inquiry report, the State Government is satisJied that the University has violated any provision of this Act, Statutes and Ordinances made thereunder, the state governrnent may issue necessary directions as per inquiry report to make necessary changes and issue suggestions for proper implementation of the provision ofthisAct, Statutes and Ordinances made thereunder. (6) lf the State Government again receive complaint in writing from University Grant Commission (UGC) or same regulatory body on the matter already inquiredwithin yearthat the University has not followed the directions of Sbte Governmentwith regard to the compliance of provisions of this Act, the State Government will have right to take decision icrwinding up of the University with priorapprovalof Universrty Grant Commission (UGC), New Delhi 368 (7) For winding up of the University the matter will be presented in the State Legislature and after discussion on the issue, if it is passed by 2/3rd majority of the house that the university be abolished then the State Government by notification in the Official Gazette can abolish the University. (8) The Slate Govemment may utilize the funds during the period of the decision to wind up and till the existing students completes their course, 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 4said expenses. (9) lf the Sponsoring Body proposes to dissolve the University, the Sponsoring Body will have to inform the State Government giving reasons regarding its inability to run the University , it shall give at least six months prior notice in writing to the State Government and it will ensure that no new admissions to the University will be accepted during the notice period. (10) the Expenditure for the administration of the University during the period of the decision towind up and tillexisting students completes ' their course will be met out by utilizing the fuhds. lf the funds of the University are not sufficient to meet the requisite expenditure, the sponsoring body may dispose of the assets or the properties of the University to meet the said expenses. (11) The Sponsoring Bodywillrun the University till the existing students complete their courses in such manner as may be prescribed bythe statues and regulations. (12) All assets, propertles of the University will belong the State Govemmentin case ofdissolution ofthe University underany clause mentioned in the Act.

Section 59 – The Apex Professional University Act, 2012 | DailyLaw.ai