Section 48 of Himgiri Nabh Vishwvidyalay (University in the Sky) Act, 2003 — Dissolution of University
Bare section text
Official Legislative Text
48.
- (1)If TALEEM Research Foundation, Ahmedabad proposes dissolution of the University in the Sky in accordance with the law governing its constitution or incorporation, it shall give at least three months notice in writing to the State Government.
- (2)On identification of mismanagement, mal-administration, indiscipline, failure in the accomplishment of the objects of University and economic hardships in the management systems of University, the State Government would issue directions to the management system of University. If the directions are not followed within such time as may be prescribed, the right to take decision for winding up of the University would vest in the State Government.
- (3)The manner of winding up of the University would be such as may be prescribed by the State Government in this behalf; Provided that no such action will be initiated without affording a reasonable opportunity to show cause to the TALEEM Research Foundation.
- (4)On receipt of the notice referred to in sub-section (1), the State Government shall, in consultation with the Council for Technical Education and U.G.C. make such arrangements for administration of the University from the proposed date of dissolution of the University by TALEEM Research Foundation Ahmedabad; and until the last batch of students in regular courses of studies of the University complete their courses of studies in such manner as may be prescribed by the Statutes.
Educational Study Layer
Summary
- If the sponsoring body, TALEEM Research Foundation, Ahmedabad, proposes to dissolve the university, it must give at least three months' written notice to the State Government.
- If the State Government identifies mismanagement, mal-administration, indiscipline, failure to accomplish university objects, or economic hardships, it must first issue directions to the management system.
- If the management fails to follow those directions within the prescribed time, the right to decide on winding up the university vests in the State Government.
- No winding-up action may be initiated by the State Government without giving TALEEM Research Foundation a reasonable opportunity to show cause.
- Upon receiving a voluntary dissolution notice, the State Government, consulting with the UGC and the Council for Technical Education, must arrange for university administration until the last batch of regular students completes their studies as prescribed by statutes.
Practical examples
FAQ
1. How much advance notice must the sponsoring foundation give before voluntary dissolution under Section 48?
Under Section 48(1) of this Act, TALEEM Research Foundation must give at least three months' notice in writing to the State Government.
2. What grounds allow the State Government to intervene in university management under Section 48?
Under Section 48(2) of this Act, the grounds are mismanagement, mal-administration, indiscipline, failure to accomplish the objects of the university, and economic hardships in the management systems.
3. Must the State Government give a hearing before initiating winding-up action under Section 48?
Under Section 48(3) of this Act, no winding-up action can be initiated without affording a reasonable opportunity to show cause to TALEEM Research Foundation.
4. What happens to existing enrolled students if the university faces dissolution under Section 48?
Under Section 48(4) of this Act, the State Government must make administrative arrangements in consultation with the UGC and the Council for Technical Education until the last batch of regular students completes their courses of study.
Practice Quiz
Q1.TALEEM Research Foundation resolves to dissolve the university in accordance with its founding rules. Under Section 48(1) of this Act, what notice must it deliver to the State Government?
Q2.The State Government discovers widespread indiscipline and economic hardship in the university administration. Under Section 48(2) of this Act, what is the mandatory first step the State Government must take?
Q3.Before the State Government can initiate formal winding-up proceedings against the university under Section 48(3) of this Act, what procedural safeguard must be satisfied?
Q4.TALEEM Research Foundation serves a proper notice of dissolution. Under Section 48(4) of this Act, which bodies must the State Government consult when making interim administrative arrangements?
Q5.Under Section 48(4) of this Act, for how long must interim administration be maintained following a dissolution notice?