(1) This Act may be called The Dr. Babasaheb Ambedkar Technological University Act, 2014.
In this Act, unless the context otherwise requires,-
(1) With effect from the appointed day, the existing University, shall be deemed to have been reconstituted as the Dr. Babasaheb Ambedkar Technological University under this Act.
(1) The Jurisdiction of the University shall extend to the whole of the State of Maharashtra. (2) On and from the appointed day, all existing colleges and autonomous institutions imparting education at degree and above level in various courses excepting those in Management which are coming under the purview of All India Council of Technical Education, Council of Architecture and Council of Pharmacy, previously admitted to the privileges of or affiliated to the universities specified in the Schedule-I appended to this Act, shall have the option to be admitted to the privileges of or affiliated to the Dr. Babasaheb Ambedkar Technological University established under this Act.
The Objects of the University shall be as follows, namely :-
The medium of instruction and examination for courses upto certificate level may be Marathi or English, while that for courses beyond certificate level shall be English 1[or Marathi].
The University shall be open to all persons, irrespective of caste, creed, religion or sex and no person shall be excluded from admission to any degree, diploma, certificate or other academic distinction or courses of study, or from any office of the University or from membership of any of its authorities, bodies or committees, or from appointment to any post on the ground only of religion, race, caste, sex, place of birth or political or other opinion :
Subject to the provisions of this Act, the University shall have the following powers and functions, namely :-
The following shall be the officers of the University, namely :-
The Governor of Maharashtra shall be the Chancellor of the University.
(1) The Chancellor shall, by virtue of his office, be the Head of the University and shall, when present, preside over the meetings of the authorities of the University and the Convocation of the University.
(1) The Chancellor shall have the right to cause an inspection to be made by such person or persons, as he may direct, of the University, its buildings, laboratories, libraries, workshops and equipment of any institution or hostel maintained or administered by the University, and of the teaching and other work conducted by the University, or under its auspices, and of the conduct of examinations or other functions of the University, and to cause an inquiry to be made in respect of any matter connected with the administration and finances of the University.
(1) The Vice-Chancellor shall be appointed by the Chancellor in the manner stated hereunder :-
(1) The Vice-Chancellor shall be the principal executive and academic officer of the University, and shall exercise general supervision and control over the affairs of the University and give effect to the decisions of all the authorities of the University. He shall, in the absence of the Chancellor, preside at the Convocation of the University for conferring degrees, diplomas, certificates and other academic distinctions. The Vice-Chancellor shall be the ex-officio Chairman of the Executive Council, the Academic Council, Planning and Evaluation (Monitoring) Board and Finance Committee.
(1) Every Director shall be a wholetime salaried officer and shall be appointed by the Executive Council on the recommendation of the selection committee in the manner prescribed by the Statutes.
(1) The Dean of the faculty shall be wholetime salaried officer and shall be appointed for a period of three years by the Executive Council on the recommendation of the selection committee as prescribed by the Statutes. The Dean shall be eligible for reappointment for a further period of three years :
The Registrar shall be a wholetime salaried officer of the University and shall act as the Secretary of the Executive Council, Academic Council, Planning and Evaluation (Monitoring) Board and Faculties but shall not be deemed to be a member of any of those authorities.
(1) The Registrar shall be appointed by the Executive Council on the recommendation of a selection committee as prescribed by Statues. His qualification, emoluments and terms and conditions of service shall be such as may be prescribed by the Statutes.
The Finance Officer shall be a wholetime salaried officer of the University and shall act as ex officio, Secretary of the Finance Committee or committees constituted by it but shall not be deemed to be a member of the Finance Committee.
(1) The Finance Officer shall be appointed by the Executive Council on the recommendations of the selection committee as prescribed by Statutes. His qualifications, emoluments and terms and conditions of service shall be such as may be prescribed by the Statutes.
(1) Every Joint Director shall be wholetime salaried officer and shall be appointed for a period of three years by the Executive Council on the recommendation of the selection committee in the manner prescribed by the Statutes.
(1) Every Deputy Director shall be wholetime salaried officer and shall be appointed for a period of three years by the Executive Council on the recommendation of the selection committee in the manner prescribed by the Statutes.
The appointment of other officers of the University, referred to in clause (j) of section 9, shall be made in such manner, and their terms and conditions of service and powers and duties shall be such as may be regulated by the Ordinances.
(1) Subject to the recommendations of the All India Council for Technical Education and the guidelines of the University Grants Commission, as accepted by the State Government, and the provisions of this Act, the designations, qualifications, method of recruitment, pay, allowances and other conditions of service of all teachers of the University and their powers and duties shall be such as may, from time to time, be prescribed by the Statutes, Ordinances and regulations.
(1) It shall be the duty of every authority, officer and employee of the University to ensure that the interests of the University are duly safeguarded.
The following shall be the authorities of the University, namely:-
(1) The Executive Council shall be the principal authority concerned with general policy and vested with powers of supervision, control and execution and shall consist of the following members, namely :-
(1) Thirteen members of the Executive Council shall form a quorum of a meeting of the Executive Council.
(1) Subject to the provisions of this Act and of the Statutes, the Ordinances or the regulations, the Executive Council shall exercise the following powers and perform the following duties, namely :-
(1) The Academic Council shall be principal academic authority of the University and it shall consist of the following members, namely :-
(1) The Academic Council shall have the control and general regulation of, and be responsible for, the maintenance and improvement of the standards of teaching, research and examinations in the University.
(1) The Planning and Evaluation (Monitoring) Board shall be the principal planning body of the University and also be responsible for the monitoring of the developments of the University in accordance with the objectives of the University. It shall be responsible to plan development of the University, both physical and academic development and monitoring of teaching and non-teaching resources, providing a broad vision and policy framework, and it shall conduct academic audit of the University departments, affiliated colleges and recognized institutions. It shall also plan, monitor, guide and co-ordinate undergraduate and postgraduate academic programme and development of affiliated colleges.
Subject to the provisions of this Act, or the Statutes, the Ordinances or regulations, the Planning and Evaluation (Monitoring) Board shall exercise the following powers and perform the following duties, namely :-
(1) The Finance Committee shall consist of-
(1) There may be a Board of Studies for every subject or group of subjects, as may be prescribed under the Statutes. The Board may consist of,-
The constitution, powers and functions of a Faculty and such other authorities as may be declared by the Statutes to be the authorities of the University, shall be such as may be prescribed by the Statutes.
A person shall be disqualified from being a member of any of the authorities of university, if he-
A member, other than an ex-officio member, may resign by writing under his signature. A nominee of Chancellor may resign by addressing to the Chancellor and any other member may resign by addressing to the Vice-Chancellor. The person shall cease to be a member upon his resignation being accepted by the Chancellor or the Vice-Chancellor, as the case may be.
Subject to the provisions of this Act, the Statutes may provide for all or any of the following matters, namely :-
(1) The first Statutes necessary for effective working of the University, with regard to all or any of the matters set out in section 39, may be made by the first Vice-Chancellor with the approval of the Chancellor.
Subject to the provisions of this Act and the Statutes, the Executive Council may make Ordinances to provide for all or any of the following matters, namely :-
(1) The first Ordinance necessary for effective working of the University, with regard to all matters set out in section 41, may be made by the first Vice-Chancellor with the approval of the Chancellor.
(1) The first regulations and rules necessary for effective working of the University may be made by the first Vice-Chancellor with the approval of the Chancellor.
(1) The University may establish the Teacher’s Training and Curriculum Design and Development Centre in the manner prescribed by Statutes.
(1) The Regional centres established by the University from time to time, in the manner laid down by the Statutes, shall be operated and maintained as its constituent unit, having University’s compliment of facilities, faculty and staff.
(1) The Sub-centres established by the University from time to time, in the manner laid down by the Statutes, shall be operated and maintained as its constituent unit, having University’s compliment of facilities, faculty and staff.
(1) The management applying for affiliation or recognition, and management whose college or institution has been granted affiliation or recognition, shall give and comply with the following undertakings,-
(1) The University shall prepare a perspective plan, and get the same approved by the State Council for Higher Education for educational development for the location of colleges and institutions of higher learning in a manner ensuring equitable distribution of facilities for Higher Education having due regard, in particular, to the needs of unserved and under-developed areas within the jurisdiction of the University. Such plan shall be prepared by the Planning and Evaluation (Monitoring) Board of the University, and shall be placed before the Academic Council and the Executive Council and shall, if necessary be updated every year.
(1) On receipt of the permission from the State Government under section 48 the Academic Council of the University shall consider grant of first time affiliation to the new college or institution by following the prescribed procedure given in sub-section (2) and after taking into account whether and the extent to which the stipulated conditions have been fulfilled by the college or institution. The decision of the Academic Council in this regard shall be final.
(1) The management of an institution actively conducting research or specialized studies for a period of not less than five years, and seeking recognition shall apply to the Registrar of the University, with full information regarding the following matters, namely :-
(1) There shall be a separate local managing committee for every affiliated college or institution, consisting of the following members :-
The affiliated college or recognized institution may apply for continuation of affiliation or recognition for the courses of study for which affiliation or recognition was granted ordinarily six months prior to the date of expiry of such affiliation or recognition. The University shall follow the procedure prescribed in the Statute so far as applicable for grant of continuation.
The affiliated college or recognized institution may apply for affiliation or recognition for additional courses of study. The University shall follow the procedure as prescribed in section 48, so far as may be applicable.
The affiliated college or institution or recognized institution with at least six years standing as an affiliated or recognized institution may apply for permanent affiliation or recognition. The Planning and Evaluation (Monitoring) Board of the University shall consider and scrutinize the application and make recommendation to the Academic Council. If the Academic Council is satisfied that the affiliated college or institution or recognized institution has fulfilled all the conditions of affiliation or recognition satisfactorily, and has attained high academic and administrative standards as prescribed by the University, from time to time, the Academic Council shall grant permanent affiliation or recognition to the college or institution, as the case may be.
(1) A University department or institution, affiliated college or recognized institution may apply to the University for grant of autonomous status. The Executive Council on the recommendation of the Academic Council may confer the autonomous status.
(1) Every affiliated college and recognized institution shall furnish such reports, returns and other particulars as the University may require for enabling it to judge the academic standards and standards of academic administration of the college or recognized institution.
(1) If an affiliated college or recognized institution fails to comply with the conditions of affiliation or recognition as provided in section 47 or to allow the local managing or advisory committee as provided in section 51 to function properly or to take action as per direction issued under the Act or if it is conducting the college or recognized institution in a manner prejudicial to the interest of the University or the standards laid down by it, the Planning and Evaluation (Monitoring) Board of the University may issue a notice to the management to show cause as to why the privileges conferred on the college or recognized institution by affiliation or recognition should not be withdrawn in part or in whole or modified.
(1) No management of a college or recognized institution shall be allowed to close down the college or recognized institution without prior permission of the State Government.
(1) The University shall, establish within the University campus, all or any of the following schools and such other institutions and laboratories as it may deem fit :-
Each academic staff member of the University shall hold the rank of a professor, assistant professor, lecturer or any other prescribed rank, as the case may be, in accordance with the his qualifications and status in the University, irrespective of the duties of teaching, research or extension education, extension services or transference of technology, for the time being allotted to him.
The recognized institutions of the University shall gradually be brought on the common pattern of teaching and organization as may be directed by the University from time to time.
The University shall establish extension education service, and shall, subject to the provisions in this Act, the Statutes and the Ordinances, make useful information based upon the findings of research available to the people in the rural areas to help them to solve their problems. It shall conduct demonstration and training programme for the benefit of students, extension workers, and other rural people, by establishing regional extension centres and extension service units.
(1) The Vice-Chancellor shall be responsible for taking, such steps in consultation with appropriate officers of the University as may be necessary for the full co-ordination of teaching, research and extension education activities of the University.
A person to be enrolled as a student of the University should have minimum education qualifications as may be laid down by the regulations.
Notwithstanding anything contained in section 64, a student to be enrolled for degree courses as a student of the University should,-
The Executive Council may consider and decide the conferment of an honorary degree or other academic distinction on any persons without requiring him to undergo any test or examination, on the ground solely that he by reason of his eminent position, attainments and public service, is a fit and proper person to receive such degree or other academic distinction and such recommendation shall be deemed to have been duly passed if supported by a majority of not less than two-thirds of the members present at the meeting of the Executive Council, being not less than one-half of its total membership :
(1) The Chancellor may, on the recommendation of the Executive Council supported by a majority of not less than two-thirds of the members of Executive Council present at its meeting, such majority comprising not less than one-half of the members of the Executive Council, remove the name of any person from the register of graduates, for such period as the Chancellor thinks fit, if such person has been convicted by a Court, of any offence which, in the opinion of the Executive Council, is a serious offence involving moral turpitude.
(1) The selection and appointment of teachers of the University, other than those recognized by the University, for imparting instruction on its behalf, shall be in accordance with this and the next succeeding section.
Where an appointment is to be made to a temporary vacancy of a teacher of the University, the appointment shall be made, if the vacancy is for a period of one year or more, on the recommendation of the selection committee in accordance with the provisions of section 68 :
No person shall be appointed as the Director except on the recommendation of a selection committee constituted for the purpose and consisting of-/rh1 (a) the Vice-Chancellor, ex officio Chairman; /rh1 (b) the nominee of the Chancellor on the Executive Council; and /rh1 (c) three persons, nominated by the Executive Council from amongst its members, being persons not in the service of the University.
No person shall be appointed as the Registrar except on the recommendation of a selection committee constituted for the purpose and consisting of-
No person shall be appointed Joint Director except on the recommendation of a selection committee constituted for the purpose and consisting of,-
No person shall be appointed as the Deputy Director except on the recommendation of a selection committee constituted for the purpose and consisting of-
(1) No person shall be recognized as a teacher of the University except on the recommendation of a committee constituted for the purpose and consisting of-
(1) No person shall be appointed as the Principal of an affiliated college or an institution maintained by the University except on the recommendation of a selection committee constituted for the purpose, consisting of -
(1) No person shall be appointed as the Finance Officer by nomination, except on the recommendation of a selection committee constituted for the purpose consisting of-
(1) No person shall be appointed as the Librarian except on the recommendation of a selection committee constituted for the purpose and consisting of-
(1) There shall be a library committee for administering, organizing and maintaining the library of the University consisting of -
(1) Save as otherwise provided by or under this Act, every salaried officer and academic staff member shall be appointed under a written contract. The contract shall be lodged with the Registrar, and a copy thereof shall be furnished to the employee concerned :
No person shall be appointed by the University as a member of the other academic staff, officer or employees except on the recommendation of a selection committee constituted for the purpose in accordance with the provisions of the Statutes made in that behalf.
(1) Save as otherwise provided in this Act, any member of any authority or body of the University may resign his office by letter addressed to the Vice-Chancellor. On acceptance of the resignation by the Vice-Chancellor, the office of such member shall become vacant.
When any vacancy occurs in the office of a member other than an ex officio member, of any authority or body of the University before the expiry of the term of office of such member, the vacancy shall be filled, as soon as conveniently may be, by nomination, appointment or co-option, as the case may be, of a member who shall hold office so long only as the member in whose place he has been nominated, appointed or co-opted, would have held it, if the vacancy had not occurred.
Notwithstanding that any authority or body or committee of the University, is not duly constituted, or there is a defect in its constitution or reconstitution at any time, or that there is a vacancy in the membership of any such authority or body shall be invalidated by reason only of the existence of any vacancy amongst its members or any defect in the constitution thereof or on any such ground or grounds.
If any question arises regarding the interpretation of any provision of this Act or any Statute, Ordinance, regulation, or as to whether a person has been duly nominated, appointed or co-opted as, or is entitled to be, a member of any authority or body of the University, the matter may be referred, on a petition by any person or authority or body directly affected, or suo motu, by the Vice-Chancellor to the Chancellor who shall, after giving the person or authority or body affected, a reasonable opportunity of being heard and after taking such advice as he deems necessary, decide the question, and his decision shall be final :
(1) A committee shall be constituted every year for each University school for the purpose of preparing lists of persons for appointment as University examiners, and the committee shall consist of-
Every authority of the University shall have the power to appoint committees including grievance committee for dealing with any matter within its purview, and such committees may include person, other than members of the authority itself, not connected with the University :
(1) The University shall establish a fund to be called the University Fund.
The University shall maintain a Contingency Fund under a separate head of account in the University accounts, to which the amount to be credited shall be such as may, from time to time, be granted as contributions or grants by the State or Central Government through the Director of Technical Education specially for this purpose. Such fund shall be used for meeting the initial expenditure and thereafter for making advances for the purposes of meeting unforeseen expenditure.
With the previous sanction of the State Government, any portion of the University Fund may, from time to time, be credited by the University to a separate head of account as special fund or depreciation fund in the University accounts :
(1) (a) Notwithstanding anything contained in this Act, during the period of stabilization of the University, the State Government shall specify the date by which and the manner in which the University shall prepare the annual financial estimates of receipts and expenditure of the University.
(1) The annual accounts of the University shall be prepared by the Finance Officer under the direction of the Vice-Chancellor, and all monies accruing to or receive by the University from whatever source and all amounts disbursed and paid by the University shall be entered in the accounts.
The annual report of the University shall be prepared under the direction of the Executive Council, on or before such date as may be prescribed. The report as approved by the Executive Council shall be submitted by the Vice-Chancellor to the Chancellor and the State Government. The State Government shall cause the report to be laid before each House of the State Legislature.
Notwithstanding anything contained in this Act, the State Government may for the purpose of securing and maintaining uniform standards, by notification in the Official Gazette, prescribed a standard code providing for the classification, manner and mode of selection and appointment, reservation of posts in favor of members of the Scheduled Castes and Scheduled Tribes, duties, workload, pay, allowances, post-retirement benefits, other benefits, conduct and disciplinary matters and other conditions of service of the officers, teachers and other employees of the University, and the teachers and other employees in affiliated college, recognized institutions, other than those managed and maintained by the State Government. When such code is prescribed, the provisions made in the code shall prevail, and the provisions made in the Statutes, Ordinances, regulations and rules relating to matters included in the code shall, to the extent to which that are repugnant to the provisions of the code, be void.
(1) The State Government shall have the right to cause an inquiry to be made by such person or persons as it may directing in respect of any matter connected with the University.
Without the prior approval of the State Government or an officer authorized by it in this behalf, the University shall not-
(1) The University and the recognized institutions shall take into consideration, consistently with the maintenance of teaching standards and efficiency of administration, the claims of the members of the Scheduled Castes and Scheduled Tribes in making appointments to teaching and non-teaching posts under their respective control; and the University shall make the necessary Statutes for reservation of adequate number of posts for members of such Castes and Tribes in the University and recognized institutions.
The Convocation of the University for conferring degrees or for any other purpose shall be held in the manner prescribed by the Statutes.
Subject to the provisions of this Act, and the Statutes, any officer or authority of the University may, by order, delegate his or its powers, except the power to make Statutes, Ordinances and regulations, to any other officer or authority under its control, and subject to the condition that the ultimate responsibility for the exercise of the powers so delegated shall continue to vest in the authority delegating them.
(1) All powers relating to discipline and disciplinary action in relation to the students of the University shall vest in the Vice-Chancellor.
All acts and orders done or passed in good faith by the University, or any of its authorities, bodies or officers, shall be final, and no suit or other legal proceeding shall be instituted against such bodies or officers for anything done or purporting to have been done in pursuance of the provisions of this Act and the Statutes, Ordinances, regulations and rules made thereunder.
(a) It shall be lawful for the University to take into its service persons on deputation, persons from the other University or Government ;
No act or proceeding of the Executive Council or any authority of the University or any committee constituted under this Act or by regulations shall be questioned on the ground merely of the existence of any vacancy in or defect of, in the constitution of such Executive Council, Authority or committee of the University or that there is any irregularity in the procedure of any such authority, body or committee not affecting the merits of the matter under consideration.
(1) With effect from the appointed day,-
Notwithstanding anything contained in section 13, 17 and 19,-
Notwithstanding anything contained in this Act, the employees and the staff of the existing University constituted under the Dr. Babasaheb Ambedkar Technological University Act, 1989 (Mah. XXII of 1989), appointed in accordance with the relevant Statutes shall be deemed to have been employed as staff or employee, as the case may be, of the University established under this Act.
(1) It shall be the duty of the first Vice-Chancellor to make arrangements for forming the Executive Council, the Academic Council and other authorities of the University, in accordance with the provisions of this Act, within a period of two years from the commencement of this Act. The State Government may, however, extend the said period, if found necessary, so, however, that the period so extended shall not exceed three years in the aggregate.
(1) Notwithstanding anything contained in section 27 from the date of commencement of this Act, until such time as the Executive Council constituted in accordance with the provisions of that section holds its first meeting, the Executive Council consisting of such members as the State Government may nominate, shall be deemed to be the Executive Council for the purposes of this Act.
Notwithstanding anything contained in section 30 until such time as the Academic Council constituted in accordance with the provisions of that section holds its first meeting, the Academic Council consisting of such members as the State Government may nominate, shall be deemed to the Academic Council for the purpose of this Act.
Notwithstanding anything contained in this Act, Statutes, Ordinances, regulations or rules,-
With effect from the appointed day, the Maharashtra Universities Act, 1994 (Mah. XXXV of 1994), shall be amended to the extent specified in Schedule III.
(1) If any difficulty arises regarding the first constitution or reconstitution of any authority or body of the University after the commencement of this Act, or in giving effect to the provisions of this Act, the State Government may, by order published in the Official Gazette after consultation with the Chancellor, do anything, not inconsistent with the objects and purposes of this Act, which it thinks necessary or expedient for the purpose of removing the difficulty :