Power of the State Government to cause Inspection

§41

Summary

41. (1) The State Government shall have the right to cause an inspection to be made, by such person or persons as it may direct, of the Institute including its building, libraries, laboratories, workshops and equipment and also of the examinations, teaching and any other work conducted or done by the Institute or to cause an enquiry to be made in the like manner in respect of any matter connected with the administration and finances of the Institute. (2) Where the State Government decides to cause and inspection or inquiry to be made under sub-section (1), it shall inform the Institute of the same through the Director and any person nominated by the Board may be present at such inspection or inquiry as representative of the Institute and he shall have the right to be heard as such. (3) The person or persons appointed to inspect or inquire under sub-section (1) shall have all the powers of a Civil Court while trying a suit under the Code of Civil Procedure, 1908, for the purpose of taking evidence on oath of enforcing the attendance of witnesses and compelling production of documents and material objects, and shall be deemed to be a civil court within the meaning of section 345 and 346 of Code of Criminal Procedure, 1973 and the proceeding before him shall be deemed to be judicial proceedings within the meaning of sections 193 and 228 of the Indian Penal Code. (4) The State Government shall address the Director with reference to the result of such inspection or inquiry, and the Director shall communicate to the Board the view of the State Government together with such advice as the State Government may offer upon the action to be taken thereon. (5) The Director shall submit a report to the State Government of the action taken or proposed to be taken within such time, it may fix. (6) If an authority of the Institute do not take action to the satisfaction of the State Government within a reasonable time, may after considering any explanation which such authority may furnish, issue such directions as it may think fit, and the authority shall comply with such directions. (7) The State Government shall send to the President a copy of every report of an inspection or inquiry caused to be made under sub-section (1) and of every communication received from the Director under sub-section (5) and of every direction issued under sub-section (6) and also of every report for information received in respect of compliance or non-compliance with such direction.

41. (1) The State Government shall have the right to cause an inspection to be made, by such person or persons as it may direct, of the Institute including its building, libraries, laboratories, workshops and equipment and also of the examinations, teaching and any other work conducted or done by the Institute or to cause an enquiry to be made in the like manner in respect of any matter connected with the administration and finances of the Institute. (2) Where the State Government decides to cause and inspection or inquiry to be made under sub-section (1), it shall inform the Institute of the same through the Director and any person nominated by the Board may be present at such inspection or inquiry as representative of the Institute and he shall have the right to be heard as such. (3) The person or persons appointed to inspect or inquire under sub-section (1) shall have all the powers of a Civil Court while trying a suit under the Code of Civil Procedure, 1908, for the purpose of taking evidence on oath of enforcing the attendance of witnesses and compelling production of documents and material objects, and shall be deemed to be a civil court within the meaning of section 345 and 346 of Code of Criminal Procedure, 1973 and the proceeding before him shall be deemed to be judicial proceedings within the meaning of sections 193 and 228 of the Indian Penal Code. (4) The State Government shall address the Director with reference to the result of such inspection or inquiry, and the Director shall communicate to the Board the view of the State Government together with such advice as the State Government may offer upon the action to be taken thereon. (5) The Director shall submit a report to the State Government of the action taken or proposed to be taken within such time, it may fix. (6) If an authority of the Institute do not take action to the satisfaction of the State Government within a reasonable time, may after considering any explanation which such authority may furnish, issue such directions as it may think fit, and the authority shall comply with such directions. (7) The State Government shall send to the President a copy of every report of an inspection or inquiry caused to be made under sub-section (1) and of every communication received from the Director under sub-section (5) and of every direction issued under sub-section (6) and also of every report for information received in respect of compliance or non-compliance with such direction.

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