Amendment status not verified — confirm the current text below against the official source.
Substituted by section 2 of U.P. Act No. 6 of 1984. 91 [The Intermediate Education Act, 1921] (iv) the Committee has persistently failed to provide the institution with such adequate and proper accommodation, library, furniture, stationery, laboratory equipment or other facilities as are necessary for the efficient administration of such institution; or (v) the Committee has substantially diverted, misapplied or misappropriated the property of the institution to its detriment or has transferred any property in contravention of the provisions of the Uttar Pradesh Educational Institutions (Prevention of Dissipation of Assets) Act, 1974; or (vi) the draft of the Scheme of Administration has not been submitted within the time allowed therefor under section 16-B, or that the Management of the institution is being conducted otherwise than in accordance with the Scheme of Administration or the affairs of the institution are being otherwise mismanaged; (vii) the Scheme of Administration in relation to an institution, approved before the commencement of the Intermediate Education (Amendment) Act, 1980, is inconsistent with the provisions of this Act and the management of the institution has failed to alter or modify it within a reasonable time despite notice under section 16-CCC; he may refer the case to the Board for withdrawal of recognition of such institution, or issue notice to the Committee of Management to show-cause within thirty days from the date of receipt of such notice why an order under sub-section (4) should not be made. (4) Where the Committee of Management of an institution fails to show-cause within the time allowed under sub-section (3) or within such extended time as the Director may from time to time allow, or where the Director is, after considering the cause shown by the Committee of Management, satisfied that any of the grounds mentioned in sub-section (3) exists, he may, recommend to the State Government to appoint an Authorised Controller for the institution, and thereupon, the State Government may, by order, for reasons to be recorded, authorize any person (hereinafter referred to as the Authorised Controller) to take over, for such period not exceeding two years, as may be specified, the Management of such institution and its properties : Provided that if the State Government is of opinion that it is expedient so to do, in order to continue to secure the proper management of the institution and its properties, it may, from time to time, extend the operation of the order, for such period, not exceeding one year at a time, as it may specify, so however, that the total period of operation of the order, including the period specified in the initial order, but excluding the period specified in sub-section (8), does not exceed five years : Provided further that if at the expiration of the said period of five years, there is no lawfully constituted Committee of Management of the institution, the Authorised Controller shall continue to function as such, until the State Government is satisfied that a Committee of Management has been lawfully constituted. 92 [The Intermediate Education Act, 1921] (5) If on the receipt of information or otherwise, the State Government is of opinion that in relation to an institution the ground mentioned in clause (iii) or clause (v) of sub-section (3) exists, and that the interest of the institution calls for immediate action, it may, notwithstanding anything contained in the said sub-section, issue notice to the Management of such institution to show-cause within fifteen days from the date of receipt of such notice why an Authorized Controller be not appointed in respect of such institution. (6) Where the committee of Management of the concerned institution fails to show-cause within the time allowed under sub-section (5), or within such extended time as the State Government may, from time to time allow, or where the State Government is, after considering the cause shown by the committee of Management satisfied that any of the grounds mentioned in clause(iii) or clause (v) of sub-section (3) exists, it may, by order and for reasons to be recorded, appoint an authorized controller in respect of such institution, and thereupon, the provisions of sub-section (4) shall, mutatis mutandis apply. (7) every notice issued by the Director under sub-section (3) on or before the service of the notice referred to in sub-section (5) and not finally disposed of on the date of such service shall, with effect from the said date, be deemed to have been placed in abeyance: Provided that nothing contained in this sub-section shall be deemed to prevent the Director to take action upon grounds other than those mentioned in clauses (iii) and (v) of sub-section (3) in case the notice issued by the State government under sub-section (5) is discharged. (8) If the State Government is of opinion that immediate suspension of the committee of Management is also necessary or expedient in the interest of the institution concerned, it may, while issuing notice under sub-section (5), by order and for reasons to be recorded, suspend the committee of management and make such arrangement as it thinks proper for managing the affairs of the institution pending the order that may subsequently be made under sub-section (6); Provided that the suspension shall not remain in force for more than six months from the date it becomes effective. Explanation I- for the removal of doubts it is hereby declared that in computing the period of time specified in sub-section (4) or sub-section (8), the time during which the operation of the order was suspended by the High Court in exercise of the powers under Article 226 of the constitution shall be excluded. Explanation II- Nothing in sub-section (4) [or sub-section (6)]1 shall preclude the State Government from revoking an order of appointment of an Authorized Controller appointed under any of the said provisions. (9) Nothing in this section shall be construed to confer on the Authorized controller appointed under sub-section (4) or sub-section (8), the power to transfer any immovable property belonging to the institution (except by way of letting from month to month in the ordinary course of management) or to create any charge thereon (except as a condition of receipt of any grant-in-aid for the institution from the State Government or the Government of India).