Amendment status not verified — confirm the current text below against the official source.
Special powers of the State Government in certain circumstances: - (1) if it appears to the State Government that the University has contravened any of the provisions of this Act or the Rules, Statutes or Ordinances made there under or his violated any of the directions issued by it under this Act or has ceased to carry out any undertakings given by it to the State Government or a situation of financial mismanagement or mal-administration has arisen in the University to show cause within forty-five days as to why an order of its liquidation should not be made. (2) If the State Government, on receipt of the University on the notice issued under sub-section (1) is satisfied that there is a prima facie case of contravening any of the provisions of this Act or the Rules, Statutes or Ordinances made there under or of violating directions issued by it under this Act or of casing to carry out the undertaking given by it or of financial mismanagement or mal-administration, it shall make an order of such enquiry as it may consider necessary. (3)The State Government shall, for the purposes of any enquiry under sub- section (2), appoint inquiry officers to inquire into any of the allegations and to make 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(Central Act No. 5 of 1908) while trying a suit in respect of the following matters, namely:- Shri Jagdishprasd Jahabarmal Tibrewala University, Chudela (Jhunjhunu) Act, 2009 27 | P a g e (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; and (c) Requisitioning any public record from any court or office. (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 26 of the Code of criminal procedure,1973 (central Act No.2 of 1974). (6) On receipt of the enquiry report from the officer or officers appointed under sub-section (3), if the State Government is satisfied that the University has contravened any of the provisions of this Act or the Rules, Statues or Ordinances made there under or has violated any of the directions issued by it under this Act or has ceased to carry out the undertakings given by it or a situation of financial mismanagement and mal-administration has arisen in the University which threatens the academic standard of the University, it shall make orders for liquidation of the University and appoint an administrator and thereupon the authorities and officers of the University shall be subject to the order and direction of the administrator. (7) The administrator appointed under sub-section (6) shall have all the powers and be subject to all the duties of 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 and they have been awarded degrees, diplomas or awards as the case may be. (8) After having been awarded the degrees, diplomas or awards, as the case may be, to the last batches of the students of the regular courses, the administrator shall make a report to the effect to the State Government. (9) On receipt of the report under sub-section (8), the State Government shall, by a notification in the Official Gazette, issue an order dissolving the University and from Shri Jagdishprasd Jahabarmal Tibrewala University, Chudela (Jhunjhunu) Act, 2009 28 | P a g e the date of publication of such notification the University shall stand dissolved and all the assets and liabilities of the University shall vest in the sponsoring Body from such date. (45)Power to make rules: - (1) The State Government may, by notification in the Official Gazette, make rules to carry out the purposes of this Act. (2)All rules made under this Act shall be laid, as soon as may be, after they are so made, before the House of the State Legislature, while it is in session, for a period of not less than fourteen days which may be comprised in one session or in two successive sessions and if before the expiry of the session in which they are so laid or of the session immediately following, the House of the State Legislature makes any modification in any such rules or resolves that any such rules should not be made, such rules shall thereafter have effect only in such modified form or be of no effect, as the case may be, so however, that any such modification or annulment shall be without prejudice to the validity of anything previously done there under. (46) Power to remove difficulties: - (1) if any difficulty arises in giving effect to the provisions of this Act, the State Government may, by order published in the Official Gazette, make provisions, not inconsistent with the provisions of this Act, as appear to it to be necessary or expedient for removing the difficulty: Provided that no order under this section shall be made after the expiry of a period of two years from the date of commencement of this Act. (2)Every order made under this section shall, as soon as may be after it is made, shall be laid before the House of the State Legislature. (47) The ordinance to have overriding effect:- The provisions of this Act and the Rules, Statutes, Ordinances made there under shall have effect notwithstanding anything to the contrary contained in any other law, for the time being in force, relating to the matters in respect of which the State Legislature has exclusive power to make laws. (48) Repeal and savings: - (1) The Shri Jagdish Prasad Jhabarmal Tibrewala University, Chudela (Jhunjhunu) Ordinance, 2008 (ordinance No.7 of2008) is hereby repealed. Shri Jagdishprasd Jahabarmal Tibrewala University, Chudela (Jhunjhunu) Act, 2009 29 | P a g e (2) Notwithstanding such repeal, all things done, actions taken or orders made under the said Ordinance shall be deemed to have been done, taken or made under this Act. SCHEDULE -I Infrastructure