State Act

24

Section 24. Inspection of institution and removal of defects

THE UTTAR PRADESH BOARD OF SECONDARY SANSKRIT

Act no. 32 of 20002000In forceUttarakhand (State Act)

24- (1) Inspector, Sanskrit Pathshalayen, Uttar Pradesh, Allahabad or Deputy inspector, Sanskrit Pathshalayen (Regional), shall be competent authority for the inspection of institutions within his jurisdiction. (2) The Director, Deputy Director, Sanskrit and Regional Joint Director or any officer authorized by him may also inspect an institution or cause the same to be inspected. (3) The Director may direct the Management of an institution to remove any defect or deficiency found on inspection or otherwise. (4) Where the Management fails to comply with any direction made under sub-section (2), the Director may, after considering the explanation or representation, if any, given by the Management, - (a) refer the case to the Board for withdrawal of recognition; or (b) recommend to the State Government to proceed against the institution under sub-section (5) (5) If on receipt of a recommendation referred to in clause (b) of sub-section (4) the State Government is satisfied that in the interest of the institution it is necessary that the Management of that institution be handed over to an Authorized Controller, the State Government may, by order, for such period as may be specified in the order, appoint an authorized Controller, and the Authorized Controller, may take over the Management of the institution including Management of the land, building, funds and other assets belonging to or vested in the institution to the exclusion of the Committee of Management or any other person, and whenever the Authorized Controller so takes over the Management, he shall, subject only to such restrictions as the State Government may impose have, in relation to the Management of the institution, all such powers and authority as the Committee of Management would have if no order were made under this sub- section. (6) An order under sub-section (5) shall be operative for a period not exceeding one year in the first instance : Provided that if the State Government is of opinion that is expedient so to do in order to continue to secure the proper management of the institution it may from time to time extended 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 under sub-section (5) does not exceed five years : Provided also that the State Government may at any time revoke an order made under sub-section (5) or under this sub-section. (7) No Authorized Controller shall be personally liable for acts done by him, in good faith, in performance of duties entrusted to him. (8) Any order made under sub-section (5) shall have effect notwithstanding anything inconsistent therewith contained in any other enactment or instrument, relating to the Management and control of the institution, including any scheme of Administration, or relating to the property belonging to or vested in the institution. (9) No order made by the Board withdrawing recognition under clause (a) of sub-section (4) and no order made under sub-section (5) shall be called in question in any court. (10) The powers conferred by this section shall be in addition to and not in derogation of, any powers conferred on the State Government or the Authorized Controller under any other law for the time being in force.