Inspection and Enquiry

§8

Summary

(1) The Government shall have the right to cause an inspection, by such person or persons as it may deem fit, to be made of the University, including its buildings, libraries, laboratories, workshops and equipment, Examinations, teaching and other related works conducted by the University or to cause an enquiry to be made in the like manner in respect of any matter connected with the academics, administrative, financial and other matters of the University. (2) Where the State Government decides to cause an inspection or enquiry to be made under section 8(1), it shall inform the University of the same through the Registrar and any person nominated by the Executive Council may be present at such inspection or enquiry as representative of the University and shall have the right, to be heard as such; Provided that no legal practitioner shall appear, plead or act on behalf of the University at such inspection or inquiry. (3) The person or persons appointed to inspect or inquire under section 8(1) shall have all the powers of a civil court, while trying a suit under the code of Civil Procedure, 1908, for the purposes of taking evidence of oath and 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 sections 345 and 346 of the Code of Criminal Procedure; 1973, and any proceeding before him or them shall be deemed to be judicial proceeding within the meaning of sections 193and 228 of the Indian Penal Code. (4) The State Government shall address the Vice-Chancellor with reference to the result of such inspection or inquiry, and the Vice-Chancellor shall, after taking necessary action, communicate to the Executive Council, the views of the State Government with such advice as the State Government may offer upon the action to be taken thereon. (5) The Vice Chancellor shall then within such time as the State Government may fix; submit to it a report of the action taken or proposed to be taken by the Executive Council. (6) If the University authorities do not, within a reasonable time, take action to the satisfaction of the State Government, the Government may, after considering any explanation which the University authorities may furnish, issue such directions as it may think fit, and the University authority shall be bound to comply with such directions. (7) The State Government shall send to the Chancellor a copy of every report of the inspection or inquiry caused to be made under section 8(1) and of communication received from the Vice Chancellor under section 8(5) and of every direction issued under section 8(6) and also of every report or information received in respect of compliance or non-compliance with such direction. (8) Without prejudice to the foregoing provisions of this section, the Chancellor may, in consultation with the Technical Education Department, order in writing annul any proceedings of the University which is not in conformity with this Act, the Statute, and the Ordinances; Provided that before making any such order, the Chancellor shall call upon the University to show cause why such an order should not be made and shall consider the cause shown, if any, within the time limit specified by him. (9) The University shall have right to take over all such matters inviting inspection/inquiry committed before commencement of this Act as existing pending before Board of Governors and its sub committees like Administrative Committee etc. of HBTI, Kanpur, as BOG and its various sub committees shall automatically get dissolved with the formation of the university through this Act. All such matters pending before BOG and its various sub committees shall be automatically taken up by Executive Council of University.

(1) The Government shall have the right to cause an inspection, by such person or persons as it may deem fit, to be made of the University, including its buildings, libraries, laboratories, workshops and equipment, Examinations, teaching and other related works conducted by the University or to cause an enquiry to be made in the like manner in respect of any matter connected with the academics, administrative, financial and other matters of the University. (2) Where the State Government decides to cause an inspection or enquiry to be made under section 8(1), it shall inform the University of the same through the Registrar and any person nominated by the Executive Council may be present at such inspection or enquiry as representative of the University and shall have the right, to be heard as such; Provided that no legal practitioner shall appear, plead or act on behalf of the University at such inspection or inquiry. (3) The person or persons appointed to inspect or inquire under section 8(1) shall have all the powers of a civil court, while trying a suit under the code of Civil Procedure, 1908, for the purposes of taking evidence of oath and 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 sections 345 and 346 of the Code of Criminal Procedure; 1973, and any proceeding before him or them shall be deemed to be judicial proceeding within the meaning of sections 193and 228 of the Indian Penal Code. (4) The State Government shall address the Vice-Chancellor with reference to the result of such inspection or inquiry, and the Vice-Chancellor shall, after taking necessary action, communicate to the Executive Council, the views of the State Government with such advice as the State Government may offer upon the action to be taken thereon. (5) The Vice Chancellor shall then within such time as the State Government may fix; submit to it a report of the action taken or proposed to be taken by the Executive Council. (6) If the University authorities do not, within a reasonable time, take action to the satisfaction of the State Government, the Government may, after considering any explanation which the University authorities may furnish, issue such directions as it may think fit, and the University authority shall be bound to comply with such directions. (7) The State Government shall send to the Chancellor a copy of every report of the inspection or inquiry caused to be made under section 8(1) and of communication received from the Vice Chancellor under section 8(5) and of every direction issued under section 8(6) and also of every report or information received in respect of compliance or non-compliance with such direction. (8) Without prejudice to the foregoing provisions of this section, the Chancellor may, in consultation with the Technical Education Department, order in writing annul any proceedings of the University which is not in conformity with this Act, the Statute, and the Ordinances; Provided that before making any such order, the Chancellor shall call upon the University to show cause why such an order should not be made and shall consider the cause shown, if any, within the time limit specified by him. (9) The University shall have right to take over all such matters inviting inspection/inquiry committed before commencement of this Act as existing pending before Board of Governors and its sub committees like Administrative Committee etc. of HBTI, Kanpur, as BOG and its various sub committees shall automatically get dissolved with the formation of the university through this Act. All such matters pending before BOG and its various sub committees shall be automatically taken up by Executive Council of University.

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