Maharashtra act 008 of 2023 : The Maharashtra Private Universities (Establishment and Regulation) Act, 2023

Date: 19 Jan 2024

Department

Higher and Technical Education Department

Ministry

Ministry of Govt of Maharashtra

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Section 1.Short title and commencement.

(1) This Act may be called the Maharashtra Private Universities (Establishment and Regulation) Act, 2023.

(2) It shall come into force on such date¹ , as the State Government may, by notification in the Official Gazette, appoint.

1. This Act came into force on the 15 th February 2024, vide Government Notification, Higher and Technical Education Department, No. Misc. 2023/C. R.-130/Uni.-4, dated 15 th February 2024.

Section 2.Definitions.

In this Act, unless the context otherwise requires,-

(a) "Academic Council" means the Academic Council of the university;

(b) "adjunct professor", "adjunct associate professor" or "adjunct assistant professor" means a person from industry, trade, agriculture, commerce, social, cultural, academic or any other allied fields who is so designated during the period of collaboration or association with the university;

(d) "Board of Management" means the Board of Management constituted under section 28 of this Act;

(e) "campus" means the area of university within which it is established;

(f) "center of excellence" means the state-of-the-art training or research center established in collaboration with industry or for the benefit of the industry and society, to provide all types of relevant skills to students, in-service employees, working professionals and to undertake joint projects;

(g) "distance and online education" means education imparted by combination of any two or more means of communication viz. broadcasting, telecasting, correspondence courses, seminars, contact programmes or any other such methodology;

(h) "employee" means any person appointed by the university and includes teachers, officers and other staff of the university;

(i) "existing university" means the university specified in Part-I of the Schedule;

(j) "Expert Committee" means a Committee of eminent persons notified by the Government to promote, facilitate and assist in the establishment of new private universities in the Maharashtra constituted under this Act;

(k) "Faculty" means the Faculty of the university;

(l) "fee" means monetary collection made by the university or its colleges, institutions or study centers, as the case may be, from the students by whatever name it may be called, which is not refundable;

(m) "Government" or "State Government" means the Government of Maharashtra;

(n) "Governing Body" means the Governing Body constituted under section 27 of this Act;

(o) "higher education" means the pursuit of knowledge beyond learning at the stage of higher secondary school education;

(p) "hostel" means a place of residence for the students of the university, or its institutions and study centers, established or recognized to be as such by the university;

(q) "notification" means a notification published in the Official Gazette;

(r) "Official Gazette" means the Maharashtra Government Gazette;

(s) "prescribed" means prescribed by rules, Statutes, Ordinances or Regulations, as the case may be, made by or under this Act;

(t) "President" means the President of the university who shall also be the Chancellor of the university;

(u) "regulatory body" means a body established by the Central Government for laying down norms and conditions for ensuring academic standards of higher education, such as University Grants Commission, All India Council of Technical Education, National Council of Teacher Education, National Medical Commission, Pharmacy Council of India, National Council of Assessment and Accreditation, Indian Council of Agriculture Research, Distance Education Council, Council of Scientific and Indian Research, etc., and includes the Government;

(v) "rules" means the rules prescribed by the State Government;

(w) "Schedule" means the Schedule appended to this Act;

(x) "section" means a section of this Act;

(y) "sponsoring body" in relation to a university established under this Act means,-

(i) a society registered under the Societies Registration Act, 1860 (21 of 1860); or

(ii) public trust registered under the Maharashtra Public Trusts Act (XXIX of 1950); or

(iii) any Educational Institution established under section 25 of the Companies Act, 1956 (1 of 1956) or a company registered under the Companies Act, 2013 (8 of 2013);

(z) "State" means the State of Maharashtra;

(za) "Statutes", "Ordinances" or "Regulations" means respectively, the Statutes, Ordinances or Regulations of the university prescribed under this Act;

(zb) "student" means a person enrolled in the university for taking a course of study for a degree, diploma or other academic distinctions instituted by the university, including a research degree;

(zc) "study center" means a center established and maintained or recognized by the university for the purpose of advising, counselling or for rendering any other assistance required by the students in the context of distance education;

(zd) "teacher" means a professor, associate professor, assistant professor, adjunct professor or any other person required to impart education or to guide research or to render guidance in any form to the students for pursuing a course of study of the university;

(ze) "university" means the self-financed private university mentioned in the Schedule.

Section 3.Detailed Project Report for establishing university.

(1) Any sponsoring body (including any private institute conducting an educational activity) desirous of establishing a self-financed private university under this Act, may submit an application along with a Detailed Project Report (DPR) containing a proposal for establishment of a university to the Government in such manner alongwith such processing fees as may be prescribed by rules.

(2) The Detailed Project Report (DPR) shall contain the following particulars, namely:-

(i) the details of the sponsoring body submitting an application under sub-section (1) along with the copies of its registration certificate, constitution and bye-laws;

(ii) the information regarding financial resources of the sponsoring body along with audited accounts for the past three years for existing private institutes conducting an educational activity or plan for mobilization for financial resources duly certified by the Chartered Accountant for newly established sponsoring body;

(iii) the name, location and headquarters of the proposed university;

(iv) the objects of the university;

(v) the availability of land and details of buildings and infrastructure facilities if already exists;

or the master plan for the land acquisition, building construction and infrastructure establishment, in compliance with the applicable regulations of local and State bodies;

(vi) the proposed plan and availability of academic facilities including teaching and non-teaching staff, if any, at the disposal of the sponsoring body;

(vii) the details of plans for campus development such as construction of building, development of structural amenities and infrastructure facilities and procurement of equipments, etc., to be undertaken before the university starts functioning and phased programme for first five years;

(viii) the phased outlay of capital expenditure proposed for the next five years and its sources of finance;

(ix) the nature and the type of programme of study and research proposed to be undertaken by the university and their relevance to the development goals and employment needs of the State and phasing of such programme for the first five years with course-wise enrollment targets;

(x) the experience and expertise in concerned disciplines at command of sponsoring body;

(xi) the nature of facilities, courses of study and work of research proposed to be started;

(xii) the estimated recurring expenditure course-wise or activity-wise, source of finance and estimated expenditure per student;

(xiii) the scheme of mobilization of resources and the cost of capital thereto and the manner of repayment of such resources;

(xiv) the scheme for generation of funds internally, through the recovery of fees from the students, revenues anticipated from consultancy services and other activities relating to the objects of the university and other anticipated income;

(xv) the supportive plan for educational enhancement of the weaker section of society domiciled in the State through special provision and affirmative action in this regard;

(xvi) the system proposed to be followed for selecting students for admission to the courses of study of the university;

(xvii) the nature of programmes related to local needs and nature of specialized teaching, training or research activities, to be undertaken by the university to fulfill the objects of the proposed university;

(xviii) whether the university proposes to start some programmes for the benefits of farmers, agricultural labourers, other labourers, women and industries. If so, details thereof may be given;

(xix) details of playgrounds and other facilities available or proposed to be created for games, sports and extracurricular activities like National Cadet Corps (NCC), National Service Scheme (NSS), etc.;

(xx) the arrangements proposed to be made for academic auditing;

(xxi) justification regarding the necessity of establishment of the proposed university;

(xxii) commitment to follow the norms of the regulatory bodies;

(xxiii) such other details as the sponsoring body may like to give;

(xxiv) such other details as may be prescribed by rules.

Section 4.Submission and examination of Detailed Project Report.

(1) On receipt of an application containing the proposal for establishing the university alongwith Detailed Project Report (DPR) by the sponsoring body, the Scrutiny Committee constituted by an order issued by the Government, shall scrutinize the proposal and Detailed Project Report on the following grounds, namely:-

(a) financial soundness and assets of the sponsoring body and its ability to set up the infrastructure of the proposed university;

(b) background of the sponsoring body that is to say its expertise and experience in the field of education, its general reputation, etc., and its commitment to follow the norms of the regulatory bodies;

(c) potential and capability of sponsoring body to offer, proposed academic programme, research and innovation activities, framing curriculum as per the education policy of the regulatory bodies that is to say ability of the academic programme to develop the human resources as per the requirements of the contemporary demand; including the newness of the programme as defined in the objects of the proposed university;

(d) the proposal is in consonance with standards of education specified by the concerned regulatory bodies;

(e) whether the proposal is in consonance with the orders issued by the State Government in this behalf, from time to time.

(2) The Scrutiny Committee while scrutinizing the proposal and project report under sub-section (1), may call for such other information from the sponsoring body as it may thinks proper.

(3) The Scrutiny Committee shall submit its report to the Government for consideration with the suggestions, if any.

Section 5.Issuance of Letter of Intent and compliance report.

(1) After receipt of the report of the Scrutiny Committee constituted under section 4, if the Government is satisfied that it is advisable to establish the university, it may issue a Letter of Intent, and require the sponsoring body to,-

(a) establish an endowment fund in accordance with the provisions of section 13;

¹[(b) submit the registered title deeds showing that the sponsoring body either owns or possess a minimum land on leasehold basis for a minimum period of thirty years and is in possession of the said minimum land as per the norms prescribed by rules;]

(c) fulfil such other conditions and provide such other information as may be specified by the University Grants Commission or any other regulatory body established by law;

(d) construct a covered space for administrative purposes and for conducting academic programmes, as per the norms prescribed by rules, if not already available;

(e) give undertaking to appoint Professor, Associate Professor and adequate number of Assistant Professors along with necessary supporting staff in each department or discipline to be started by the university as per the norms laid down by regulatory body;

(f) give undertaking to take up co-curricular activities like seminars, debates, quiz programmes and extracurricular activities like games, sports, National Service Scheme (NSS), National Cadet Corps (NCC), etc., for the benefit of students as per the norms laid down by the regulatory body;

(g) give undertaking for establishment of provident fund and to take up welfare programmes for the employees of the university;

(h) fulfil such other conditions as to infrastructure and other requirements and provide such other information as may be laid down by regulatory body or prescribed by rules.

(2) The sponsoring body shall fulfil the requirements and conditions specified in sub-section (1) and shall report the compliance to the Government within a maximum period of one year from the date of issue of Letter of Intent. The Government may in exceptional circumstances extend the said period by an order issued by the Government on payment of such fees as may be specified therein.

(3) On receiving the compliance report by the sponsoring body, the Government shall appoint a Verification Committee by an order, to verify the compliance report.

(4) The Verification Committee shall submit its report to the Government within one month from the date of its appointment specifying whether the sponsoring body has fulfilled the requirements and conditions laid down in sub-section (1). The Government may extend the period of submission of report by the said Committee up to the maximum period of three months.

(5) If the sponsoring body fails to comply with the provision of sub-section (1), proposal submitted by the sponsoring body under section 3 shall stand rejected and the Letter of Intent issued under sub-section (1), shall be deemed to have been withdrawn.

1. Clause (b) was substituted by Mah. 15 of 2025, s. 2.

Section 6.Establishment and incorporation of university.

(1) The Government may, after considering the report submitted by the Verification Committee under sub-section (4) of section 5, if satisfied that the sponsoring body has complied with the provisions of section 5, permit the establishment of a private university, by inclusion of the name, location and headquarters of the private university and its sponsoring body in Part II of the Schedule by amending the Schedule by enacting a law by the State Legislature :

¹[Provided that, the universities specified in Part II of the Schedule on the date of commencement of this Act shall be deemed to have been established on that date.]

(2) The President, Vice-Chancellor and members of the Governing Body, Board of Management and Academic Council and all other persons who may hereafter become such officers or members, so long as they continue to hold such office or membership, are hereby constituted and declared to be a body corporate by the name specified therefor in the Schedule.

(3) The universities mentioned in the Schedule shall have perpetual succession and common seal and shall sue and be sued by that name.

(4) In relation to each of the existing university and its sponsoring body specified in columns (2) and (4), respectively, of Part I of the Schedule, the corresponding university with the name, location and headquarters specified against it in column (3) of the said Part, is deemed to have been established under this Act, for the objects for which it was constituted immediately before the date of commencement of this Act and the provisions of this Act shall be applicable to such university.

(5) The university shall function as a non-affiliating unitary university established under this Act and it shall not affiliate any other college or institute for the award or conferment of degree, diploma or certificate to the students admitted therein.

(6) Every university shall obtain accreditation from the National Assessment and Accreditation Council (NAAC) or the National Board of Accreditation (NBA) within five years from its establishment.

(7) Every university shall establish an Internal Quality Assurance Cell as required by the National Assessment and Accreditation Council for continual internal assurance process and periodic external peer review. The quality reports shall be submitted to the Government.

Section 7.Secretary Level Committee.

(1) The Secretary Level Committee consisting of Secretaries of the Higher and Technical Education Department, the Finance Department and the Planning Department shall, after establishing the university, verify whether the sponsoring body has complied with the undertakings submitted by it and the requirements relating to the operationalization of the university specified in the Letter of Intent and the provisions of this Act and the rules made thereunder.

(2) The Committee under sub-section (1) shall submit its report to the Government.

(3) On receipt of the report under sub-section (2), the State Government shall publish a notification in the Official Gazette allowing the operationalization of the university.

(4) The university shall admit students only after issuance of the notification under sub-section (3).

Section 8.Inspection by Secretary Level Committee.

The Secretary Level Committee under sub-section (1) of section 7 of this Act may carry out an inspection of the university as and when directed by the Government and shall also verify and ensure compliance of the requirements relating to the establishment of self-financed private universities and such committee shall also verify and ensure compliance of the provisions of the relevant laws for the time being in force.

Section 9.Objects of university.

(1) The objects of the university shall be as follows, namely:-

(a) to provide learning, teaching, capacity, capability and skills development and research and development in Higher and Technical Education covering Liberal Arts, Humanities, Social Sciences, Life Sciences and Biotechnologies, Nano-Sciences and Technologies, Professional Disciplines such as Engineering, Technology, Management, Law, Business and Commerce, Applied and Creative Arts, Vocational Education, Media, Information and Communication Technology and Education per se and their inter-disciplinary, multidisciplinary studies and development;

(b) to provide instructions, teaching and training in Higher and Technical Education, Arts, Sports, Culture, Film, Space Technologies, Marine Research and make provisions for research;

(d) to create higher levels of intellectual abilities;

(e) to create and deploy new educational programs to promote creativity, innovation and entrepreneurship for inventing new ways for development and social reconstruction and transformation;

(f) to establish state-of-the-art facilities for education and development;

(g) to carry out teaching and research and offer continuing quality education programmes;

(h) to create centres of excellence for research and development in Science and Technology and Socio- Economic development, and for sharing knowledge and its application;

(i) to use modern and post-modern processes, mechanisms and technologies for governance and management of learning, teaching, researching, evaluating, developing, organizing and creating socioeconomic wealth for individuals and society in twenty first century;

(j) to provide professional and development services to the industry and public organizations and society;

(k) to start higher education programs and courses in new and emerging areas with innovative approaches;

(l) to establish links, collaborations and partnerships with other higher education and research institutions in India and abroad;

(m) to institute degrees, diplomas, certificates and other academic distinctions on the basis of examinations, or any other methods of evaluation;

(n) to establish innovative approaches for creation of seamlessness in academic structures, learning time-frames, and working and continuous evaluation processes for nurturing and cultivation of creativity and entrepreneurship;

(o) to pursue any other objectives as may be suggested by the Government;

(p) to ensure that the standard of the degrees, diplomas, certificates and other academic distinctions conferred by a university are not lower than those laid down by the All India Council for Technical Education established under the All India Council for Technical Education Act, 1987 (52 of 1987) or the National Council for Teacher Education established under the National Council for Teacher Education Act, 1993 (73 of 1993) or University Grants Commission established under the University Grants Commission Act, 1956 (3 of 1956) or the Pharmacy Council of India constituted under the Pharmacy Act, 1948 (8 of 1948) or the Bar Council of India constituted under the Advocates Act, 1961 (25 of 1961) or any other statutory body, as the case may be.

(2) The Government may, by notification issued in the Official Gazette, notify the special objects of the university.

(3) The notification issued under sub-section (2) shall be laid before both Houses of the State Legislature.

Section 10.Powers and functions of university.

The university shall have the following powers and functions, namely :-

(i) to make provisions and adopt all measures (including adoption and updating of the curricula) in respect of study, teaching and research, relating to the courses through traditional as well as new innovative modes including on-line education mode ;

(ii) to institute and confer degrees, diplomas, certificates, awards, grades, credits and academic distinctions;

(iii) to conduct and hold examinations;

(iv) to provide for the degrees, diplomas, certificates, equivalent or corresponding to the degrees, diplomas, certificates of other recognized universities, Boards or Councils ;

(v) to take all necessary measures for setting up campus;

(vi) to set up central library, departmental libraries, museums and allied matters;

(vii) to institute and confer honorary degrees as may be prescribed;

(viii) to institute and award fellowships, scholarships, studentships as may be specified ;

(ix) to take special measures for spreading educational facilities among the educationally backward strata of the society;

(x) to encourage and promote sports and other extra-curricular activities ;

(xi) to create technical, administrative and other necessary posts and to make appointments thereto;

(xii) to undertake research projects on mutually acceptable terms and conditions ; (xiii) to provide consultancy services;

(xiv) to frame Statutes, Ordinances and Regulations for carrying out the objects of the university in accordance with the provisions of this Act ;

(xv) to encourage and promote co-curricular activities for personality development of the teachers, students and employees of the university;

(xvi) to provide for dual degrees, diplomas or certificates vis-a-vis other universities on reciprocal basis within and outside the country, as per instructions of the State Government, Government of India and University Grants Commission ;

(xvii) to make provisions for integrated courses in different disciplines in the educational programmes of the university ;

(xviii) to set-up colleges, institutions, off-campus centers, off-shore campus and study centres, as per the instructions issued by the State Government, Central Government and University Grants Commission, from time to time ;

(xix) to receive donations, gifts and grants and to acquire, hold, manage and dispose of any property, movable or immovable, including trust or endowed property within or outside the State for the purposes and objects of the university and to invest funds ;

(xx) to prescribe the fee structure for various courses, from time to time, as per the provisions of this Act;

(xxi) to demand and receive payments of such fees and other charges as may be specified, from time to time ;

(xxii) to seek collaboration with other institutions on mutually acceptable terms and conditions;

(xxiii) to determine salaries, remunerations, honoraria to teachers and employees of the university in accordance with the norms, specified by the University Grants Commission and the other regulatory bodies;

(xxiv) to organize and to undertake extra-mural teaching and extension services ; (xxv) to establish and maintain halls and hostels ;

(xxvi) to recognize, supervise and control halls and hostels not maintained by the university for the residence of the students and to withdraw any such recognition ;

(xxvii) to regulate and enforce discipline among students and employees of the university and to take such disciplinary measures as may be deemed necessary ;

(xxviii) to make arrangements for promoting health and general welfare of the students and the employees of the university ;

(xxix) to co-operate with any other university in and outside the country, authority or any public or private body, having in view the promotion of purposes and objects similar to those of the university for such purposes as may be agreed upon, on such terms and conditions as may, from time to time, be specified ;

(xxxv) to provide for the printing, re-printing and publication of research and other work, including text books, which may be issued by the university ;

(xxxi) to comply and follow, from time to time, the provisions of the University Grants Commission (Establishment of and Maintenance of Standards in Private Universities) Regulations, 2003 or any other regulations or directions issued by the University Grants Commission ;

(xxxii) to comply with and carry out directives issued by the State Government, from time to time, with reference to above powers, duties and responsibilities of the university ;

(xxxiii) to do all such things as may be necessary, incidental or conducive to the attainment of all or any of the objects of the university.

Section 11.University open to all.

(1) No citizen of India shall be excluded from any office of the university or from membership of any of its authorities, bodies or committees, or from appointment to any post, or from admission to any degree, diploma, certificate or other academic distinction or course of study on the ground only of sex, race, creed, class, caste, place of birth, religious belief or profession, or political or other opinion.

(2) The university shall adopt policies and orders of the Government issued, from time to time, in regard to the reservation for Scheduled Castes, Scheduled Tribes, De-notified Tribes (Vimukta Jatis), Nomadic Tribes, Other Backward Classes, Special Backward Category and Economically Weaker Sections (EWS) for the purpose of admission of students in the departments and institutions of the university.

(3) The university shall adopt the general policy of the State Government in regard to the welfare of various categories of weaker sections of the society and minorities as directed by the State Government, from time to time.

Section 12.University to be self-financed.

Every university established under this Act shall be self-financed. The university shall not be entitled to any financial assistance of any nature from the Government and any student admitted to university shall not be entitled to claim for any type of financial assistance or scholarship or reimbursement of fees from the State Government.

Section 13.Endowment fund.

(1) The sponsoring body shall establish an endowment fund for the university with such amount as may be specified by an order issued by the Government.

(2) The endowment fund shall be used as security deposit to ensure that the university complies with the provisions of this Act and rules, Statutes, Ordinances or Regulations made thereunder.

(3) The Government shall have the powers to forfeit, in the prescribed manner, a part or whole of the endowment fund in case the university or the sponsoring body contravenes the provisions of this Act and rules, Statutes, Ordinances or Regulations made thereunder.

(4) Income from endowment fund may be utilized for development of infrastructure of the university, but shall not be utilized to meet the recurring expenditure of the university.

(5) The amount of endowment fund shall be invested by the university until the dissolution of the university, by way of fixed deposit in the Nationalized Bank with Director of Higher Education as joint holder, subject to the condition that the amounts so invested from the fund shall not be withdrawn without the permission of the Government.

Section 14.General fund.

The university shall also establish a fund, which shall be called the general fund to which following shall be credited, namely:-

(a) fees and other charges received by the university;

(b) any contribution made by the sponsoring body;

(d) bequests, donations, endowments and any other grants; and

(e) all other sums received by the university.

Section 15.Application of general fund.

The general fund shall be utilized for meeting all expenses, recurring or non-recurring in connection with the affairs of the university:

Provided that, no expenditure shall be incurred by the university in excess of the limits for total recurring expenditure and total non-recurring expenditure for the year, as may be fixed by the Board of Management, without prior approval of the Board of Management.

Section 16.Officers of university.

The following shall be the officers of the university, namely:-

(a) the President, who shall also be the Chancellor;

(b) the Vice-Chancellor;

(d) the Registrar;

(e) the Chief Finance and Accounts Officer;

(f) the Controller of Examinations; and

(g) such other persons in the service of the university as may be prescribed by the Statutes to be the officers of the university.

Section 17.President.

(1) The President shall be appointed by the sponsoring body for a period of three years, with the approval of the Government in such manner, as may be prescribed by rules.

(2) The eligibility criteria for the post of President shall be such as may be prescribed by rules and Regulations.

(3) The President shall be the Head of the university.

(4) The President shall preside over at the meetings of the Governing Body and convocation of the university for conferring degrees, diplomas or other academic distinctions.

(5) The President shall have the following powers, namely:-

(a) to call for any information or record from any officer or authority of the university, relating to the affairs of the university;

(b) to appoint the Vice-Chancellor;

(d) such other powers as may be prescribed by the Statutes.

Section 18..Removal of President.

The President may be removed from his office by the sponsoring body, if it is satisfied that the incumbent,-

(a) is of unsound mind and stands so declared by a competent court; or

(b) has been convicted by a court for any offence involving moral turpitude; or

(d) become physically unfit and incapable of discharging the functions or duties of the office due to protracted illness or physical disability; or

(e) wilfully omitted or refused to carry out the provisions of this Act or has committed breach of any of the terms and conditions of the service contract or any other conditions prescribed by the Statutes, or has abused the powers vested in him or if the continuance of the President in the office has become detrimental to the interests of the university:

Provided that, the President shall be given a reasonable opportunity to show-cause by the sponsoring body before taking recourse to action under clauses (d) and (e) for his removal from the said office.

Section 19.Vice-Chancellor.

(1) The Vice-Chancellor shall be appointed by the President, from a panel of three persons, fulfilling such eligibility criteria and on such terms and conditions as may be prescribed by Statutes, recommended by the Search-cum-Selection Committee constituted as per the rules or Regulations framed by the University Grants Commission in this behalf. The Vice-Chancellor shall, subject to the provisions contained in section 20, hold office for a term of three years:

Provided that, after expiry of the term of three years, the Vice-Chancellor shall be eligible for re-appointment for another term of three years:

Provided further that, the Vice-Chancellor shall continue to hold his office even after expiry of the said term till the new Vice-Chancellor joins his office; however, in any case, this period shall not exceed one year.

(2) The Vice-Chancellor shall be the principal executive and academic officer of the university and shall have the powers of superintendence and control over the affairs of the university and shall execute the decisions of various authorities of the university.

(3) The Vice-Chancellor shall preside over at the convocation of the university in absence of the President.

(4) If, in the opinion of the Vice-Chancellor, it is necessary to take immediate action on any matter for which powers are conferred on any other authority by or under this Act, he may take such action as he deems necessary and shall at the earliest opportunity thereafter, report his action to such officer or authority who would have in the ordinary course dealt with the matter:

Provided that, if in the opinion of the concerned officer or authority such action should not have been taken by the Vice-Chancellor, then such case shall be referred to the President, whose decision thereon shall be final.

(5) If, in the opinion of the Vice-Chancellor, any decision of any authority of the university is outside the powers conferred by this Act or Statutes, Ordinances, Regulations or rules made thereunder or is likely to be prejudicial to the interests of the university, he shall request the concerned authority to revise its decision within fifteen days from the date of decision and in case the authority refuses to revise such decision wholly or partly or fails to take any decision within fifteen days, then such matter shall be referred to the President and his decision thereon shall be final.

(6) The Vice-Chancellor shall exercise such powers and perform such duties as may be prescribed by the Statutes or the Ordinances.

Section 20.Removal of Vice-Chancellor.

The Vice-Chancellor may be removed from his office by the President if, he is satisfied that the incumbent,-

(a) is of unsound mind and stands so declared by a competent court; or

(b) been convicted by a court for any offence involving moral turpitude; or

(d) become physically unfit and incapable of discharging the functions or duties of the office due to protracted illness or physical disability; or

(e) wilfully omitted or refused to carry out the provisions of this Act or has committed breach of any of the terms and conditions of the service contract or any other conditions laid down by the Statutes or has abused the powers vested in him or the continuance of the Vice-Chancellor in the office has become detrimental to the interests of the university:

Provided that, the Vice-Chancellor shall be given a reasonable opportunity to show-cause by the President before taking recourse to clause (d) or (e) for his removal.

Section 21.Deans of Faculties.

(1) The Deans of Faculties shall be appointed by the President in such manner and on such terms and conditions of service as may be prescribed by the Statutes.

(2) The Deans of Faculties shall assist the Vice-Chancellor in managing the academic and other affairs of the university and shall exercise such powers and perform such functions as may be prescribed by the Regulations or be entrusted by the President and the Vice-Chancellor.

Section 22.Registrar.

(1) The Registrar shall be appointed by the President in such manner and on such terms and conditions of service as may be prescribed by the Statutes.

(2) The Registrar shall be the Chief Administrative Officer of the university. Subject to the decisions of the authorities of the university, he shall have the power to enter into an agreement, contract; sign documents and authenticate records on behalf of the university. He shall exercise such powers and perform such duties as may be prescribed by the Statutes.

(3) The Registrar shall be the Member-Secretary of the Governing Body, Board of Management and Academic Council, but shall not have the right to vote.

(4) The Registrar shall be the custodian of the records, the common seal and such other property of the university as the Governing Body may commit to his charge.

(5) The Registrar shall exercise such other powers and perform such other duties as may be assigned to him by the Vice-Chancellor, from time to time.

Section 23.Controller of Examinations.

(1) The Controller of Examinations shall be appointed by the President in such manner and on such terms and conditions of service as may be prescribed by the Statutes.

(2) The Controller of Examinations shall be the principal officer-in-charge of the conduct of examinations and tests of the university and declarations of their results. He shall discharge his functions under the superintendence, directions and guidance of the Vice-Chancellor. (3) The Controller of Examinations shall be a full-time salaried officer of the university and shall work directly under the direction and control of the Vice-Chancellor of the university. His appointment shall be for a term of three years and he shall be eligible for re-appointment for a term not exceeding three years. The qualification and experience for the purpose of selection of the Controller of Examinations, shall be such as may be prescribed by the Statutes.

(4) The Controller of Examinations shall be responsible for,-

(a) preparing and announcing in advance the calendar of examinations;

(b) arrangement for printing of question papers;

(d) taking disciplinary action where necessary against the candidates, paper-setters, examiners, moderators, or any other persons connected with examinations and found guilty of malpractices in relations to the examinations;

(e) reviewing, from time to time, the results of university examinations and forward reports thereon to the Academic Council;

(f) the Controller of Examinations shall exercise such other powers and perform such other duties as may be prescribed by the Statutes or assigned to him.

Section 24.Chief Finance and Accounts Officer.

(1) The Chief Finance and Accounts Officer shall be the principal finance, accounts and audit officer of the university.

(2) The Chief Finance and Accounts Officer shall be appointed by the President in such manner and on such terms and conditions of service as may be prescribed by the Statutes.

(3) The Chief Finance and Accounts officer shall exercise such powers and perform such duties, as may be prescribed by the Statutes.

Section 25.Other officers.
(1) The university may appoint such other officers as may be necessary for its functioning.
(2) The manner of appointment of other officers of the university, the terms and conditions of service of such officers and their powers and functions shall be such as may be prescribed by the Statutes.

Section 26.Authorities of university.
The following shall be the authorities of the university, namely:-
(a) the Governing Body;
(b) the Board of Management;
(c) the Academic Council;
(d) the Board of Examinations; and
(e) such other authorities as may be prescribed by the Statutes to be the authorities of the university.

Section 27.Governing Body.
(1) The Governing Body of the university shall consist of the following members, namely :-
(a) the President;
(b) the Vice-Chancellor;
(c) five persons, nominated by the sponsoring body out of whom two shall be eminent educationists;
(d) one expert from the field of management or information technology from outside the university, nominated by the President;
(e) two persons, nominated by the State Government;
(f) two representatives of the industries to be nominated by the President; and
(g) the Registrar of the university shall be the permanent invitee to the Governing Body but shall not have right to vote.
(2) The Governing Body shall be the supreme authority of the university.
(3) The Governing Body shall have the following powers, namely:-
(a) to provide general superintendence and directions and to control functioning of the university by using all such powers as are provided by this Act and the rules, Statutes, Ordinances or Regulations made thereunder;
(b) to review the decisions of other authorities of the university in case they are not in conformity with the provisions of this Act and the rules, Statutes, Ordinances or Regulations made thereunder;
(c) to approve the budget and annual report of the university;
(d) to lay down the policies to be followed by the university;
(e) to recommend to the sponsoring body about the voluntary liquidation of the university if a situation arises when smooth functioning of the university does not remain possible, inspite of all efforts; and
(f) such other powers as may be prescribed by the Statutes.
(4) The Governing Body shall meet at least thrice in a calendar year.
(5) The quorum for meetings of the Governing Body shall be five.

Section 28.Board of Management.
(1) The Board of Management shall consist of the following members, namely:-
(a) the Vice-Chancellor;
(b) two members of the Governing Body, nominated by the sponsoring body;
(c) two Deans of Faculties, by rotation, to be nominated by the Vice-Chancellor;
(d) three persons, who are not the members of the Governing Body, nominated by the sponsoring body; and
(e) three persons from amongst the teachers, nominated by the sponsoring body.
(2) The Vice-Chancellor shall be the Chairperson of the Board of Management.
(3) The powers and functions of the Board of Management shall be such as may be prescribed by the Statutes.
(4) The Board of Management shall meet at least once in every two months.
(5) The quorum for meetings of the Board of Management shall be five.

Section 29.Academic Council.
(1) The Academic Council shall consist of the Vice-Chancellor and such other members as may be prescribed by the Statutes. (2) The Vice-Chancellor shall be the ex-officio Chairperson of the Academic Council. (3) The Academic Council shall be the principal academic body of the university and shall, subject to the provisions of this Act and the rules, Statutes or Ordinances made thereunder, co-ordinate and exercise general supervision over the academic policies of the university. (4) The quorum for meetings of the Academic Council shall be such as may be prescribed by the Statutes.

Section 30.Board of Examinations.
(1) The Board of Examinations shall be the principal authority of the university for conducting the examinations and making policy decisions in regard to organizing and holding examinations, improving the system of examinations, appointing the paper–setters, examiners and moderators and also prepare the schedule of examinations for holding examinations and declaration of results. The Board of Examinations shall also oversee and regulate the conduct of examinations in study centers or any center related to the university.
Explanation.- For the purposes of this section and section 44, the expression "schedule of examinations" means a table giving details about the time, day and date of the commencement of each paper which is a part of a scheme of examinations and shall also include the details about the practical examinations.
(2) The Board of Examinations shall consist of the following members, namely :-
(a) the Vice-Chancellor – Chairperson;
(b) Professor of each subject – Members;
(c) one evaluation expert – Co-opted Member;
(d) the Controller of Examinations – Member-Secretary.
(3) The powers and functions of the Board of Examinations shall be such as may be prescribed by the Statutes.

Section 31.Other authorities.
The constitution, powers and functions of other authorities of the university shall be such as may be prescribed by the Statutes.

Section 32.Disqualification.
A person shall be disqualified for being a member of any of the authorities or bodies of the university, if he,-
(a) is of unsound mind and stands so declared by a competent court; or
(b) has been convicted of any offence involving moral turpitude; or
(c) is conducting or engaging himself in private coaching classes; or
(d) has been punished for indulging in or promoting unfair practices in the conduct of any examination, in any form, anywhere.

Section 33.Vacancies not to invalidate proceedings of any authority or body of university.
No act or proceeding of any authority or body of the university shall be invalid merely by reason of any vacancy or defect in the constitution thereof.

Section 34.Filling of casual vacancies.
In case there occurs any casual vacancy in any authority or body of the university, due to death, resignation or removal of a member, the same shall be filled, as early as possible, by the person or body who appoints or nominates the member whose place becomes vacant and person appointed or nominated to a casual vacancy shall be a member of such authority or body for the residue of the term of such member in whose place he has been so appointed or nominated.

Section 35.Committees.
(1) The authorities or officers of the university may constitute committees with such terms of reference for specific tasks to be performed by such committees as may be necessary.
(2) The constitution of such committees shall be such as may be prescribed by the Statutes.

Section 36.First Statutes.
(1) The First Statutes of the university shall be made by the Governing Body and shall be submitted to the Government for its approval.
(2) Subject to the provisions of this Act, and the rules made thereunder, the First Statutes of the university may provide for all or any of the following matters, namely:-
(a) the constitution, powers and functions of the authorities and other bodies of the university as may be constituted, from time to time;
(b) the terms and conditions of appointment of the Vice-Chancellor and his powers and functions;
(c) the manner of appointment and terms and conditions of service of the Deans of Faculties, Registrar and Chief Finance and Accounts Officer and their powers and functions;
(d) the manner of appointment and terms and conditions of service of the employees and their powers and functions;
(e) the procedure for arbitration in case of disputes between employees, students and the university;
(f) the conferment of honorary degrees;
(g) the provisions regarding exemption of students from payment of tuition fee and for awarding scholarships and fellowships to them;
(h) provisions regarding the policy of admissions and number of seats in different courses including regulation of reservation of seats; and
(i) provisions regarding fees to be charged from the students.
(3) The Government shall consider the First Statutes, submitted by the university and shall within four months from the date of its receipt give its approval thereon with such modifications, if any, as it may deem necessary.

Section 37.Subsequent Statutes.
(1) Subject to the provisions of this Act and the rules made thereunder, the subsequent Statutes of the university may provide for all or any of the following matters, namely :-
(a) creation of new authorities of the university;
(b) accounting policy and financial procedure;
(c) representation of teachers in the authorities of the university;
(d) creation of new departments and abolition or restructuring of existing department;
(e) institution of medals and prizes;
(f) creation of posts and procedure for abolition of posts;
(g) revision of fees;
(h) alteration of the number of seats in different syllabi; and
(i) all other matters which under the provisions of this Act are to be prescribed by the Statutes.
(2) The Statutes of the university other than the First Statutes shall be made by the Board of Management with the approval of the Governing Body.
(3) The Board of Management may, from time to time, make new or additional Statutes or may amend or repeal the Statutes so made in the manner hereinafter provided in this section:
Provided that, the Board of Management shall not make any Statute or any amendment to the Statutes affecting the status, powers or constitution of any existing authority of the university until such authority has been given an opportunity of expressing an opinion on the proposal, and any opinion so expressed, shall be in writing and shall be considered by the Governing Body.
(4) Every such Statutes or addition to the Statutes or any amendment or repeal of the Statutes shall be subject to the approval of the Government:
Provided that, no Statutes shall be made by the Board of Management affecting the discipline of students and standards of instruction, education and examination except in consultation with the Academic Council.

Section 38.First Ordinances.
(1) The First Ordinances of the university shall be made by the Governing Body and shall be submitted to the Government for its approval.
(2) Subject to the provisions of this Act and the rules or Statutes made thereunder, the Board of Management may make such First Ordinances with the approval of the Governing Body as it deems appropriate for the furtherance of the objects of the university and such Ordinances may provide for all or any of the following matters, namely :-
(a) the admission of students to the university and their enrollment as such;
(b) the courses of study to be laid down for the degrees, diplomas and certificates of the university;
(c) the award of the degrees, diplomas, certificates and other academic distinctions, the minimum qualifications for the same and the means to be taken relating to the granting and obtaining of the same;
(d) the conditions for awarding of fellowships, scholarships, stipends, medals and prizes;
(e) the conduct of examinations, including the terms of office and manner of appointment and the duties of examining bodies, examiners and moderators;
(f) fees to be charged for the various courses, examinations, degrees and diplomas of the university;
(g) the conditions of residence of the students in the hostels of the university;
(h) provisions regarding disciplinary action against the students;
(i) the creation, composition and functions of any other body which is considered necessary for improving the academic life of the university;
(j) the manner of co-operation and collaboration with other universities and institutions of higher education; and
(k) all other matters which are required to be provided by the Ordinances under the provisions of this Act or the Statutes made thereunder.
(3) The Government shall consider the First Ordinances submitted by the Vice-Chancellor under sub-section (1) and shall give its approval within four months from the date of its receipt, with such
modifications, if any as it may deem necessary.

Section 39.Subsequent Ordinances.
(1) All Ordinances other than the First Ordinances shall be made by the Academic Council which after being approved by the Board of Management shall be submitted to the Governing Body for its approval.
(2) The Academic Council shall either modify the Ordinances incorporating the suggestions of the Board of Management and the Governing Body or give reasons for not incorporating the suggestions, and shall return the Ordinances alongwith such reasons, if any, the Board of Management and the Governing Body shall consider the suggestions of the Academic Council and shall approve the Ordinances of the university with or without such modification and then the Ordinances, as approved by the Governing Body shall come into force.

Section 40.Regulations.
The authorities of the university may, subject to the prior approval of the Board of Management, make Regulations, consistent with the provisions of this Act and the rules, Statutes or Ordinances made thereunder, for the conduct of their own business and of the committees appointed by them.

Section 41.Admissions.
(1) Admission in the university shall be made strictly on the basis of merit.
(2) Merit for admission in the university may be determined either on the basis of marks or grade obtained in the qualifying examination, for admission and achievements in co-curricular and extracurricular activities or on the basis of marks or grade obtained in the entrance test conducted at State level either by an association of the universities conducting similar courses or by any agency of the State:
Provided that, admission in professional and technical courses shall be made only through entrance test.
(3) Seats for admission in the university, for the students belonging to Scheduled Castes, Scheduled Tribes, De-notified Tribes (Vimukta Jatis), Nomadic Tribes, Other Backward Classes, Special Backward Category and Economically Weaker Sections (EWS) and students with disability, shall be reserved as per the policy of the State Government.
(4) Out of the total approved intake capacity, forty per cent. of the seats shall be reserved for the students having domiciled in the State of Maharashtra.

Section 42.Fees Fixation Committee.
(1) The university may constitute a Fees Fixation Committee for deciding fees structure for various courses and programmes offered therein. The constitution of, and the procedure to be followed by, the Fees Fixation Committee shall be such as may be prescribed by the Statutes.
(2) The Committee shall prepare and finalise fees structure after taking into consideration, whether the proposed fees,-
(a) is sufficient for,-
(i) generating resources for meeting the recurring expenditure of the university; and
(ii) the savings required for further development of the university;
(b) is not unreasonable; and
(c) does not amount to profiteering.
(3) The Government shall have power to review the fees structure of the university and after such review, it may issue directions to the university to amend fees structure, appropriately and the university shall implement those directions.
(4) The State Government shall not reimburse any fees or shall not take any financial liability for students belonging to the backward classes admitted into the university.
(5) The university shall not charge any fees, by whatever name called, other than that for which it is entitled under this section.

Section 43.Prohibition of capitation fee.
(1) No capitation fee shall be collected by or on behalf of the university or by any person who is in charge of, or is responsible for, the management of such institution, from or in relation to any student in consideration of his admission to and prosecution of any course of study or of his promotion to a higher standard or class in such institution.
(2) Notwithstanding anything contained in sub-section (1), the management may in good faith collect or accept donations in cash or kind, in the prescribed manner, from benevolent persons or organization or public trusts or any other association of persons, for opening of new educational institutions of for creation of endowment fund for award of scholarship, prizes or the like, but while collecting or accepting such donations the management shall not reserve any seats in any educational institution run by it in consideration of such donations. Where in consideration of accepting such donations any seat is reserved for admission to any student in such institution such acceptance of donation shall be deemed to be collection of capitation fee, within the meaning of clause (a) of section 2 of the Maharashtra Educational Institutions (Prohibition of Capitation Fee) Act, 1987 (Mah. VI of 1988).

Section 44.Schedule of examinations.
At the beginning of each academic session and in any case not later than 30^th June of every calendar year, the university shall prepare and publish a semester-wise or annual, as the case may be, schedule of examinations for each and every course conducted by it and shall strictly adhere to such schedule :
Provided that, if for any reason whatsoever, university is unable to follow this schedule, it shall, as soon as practicable, submit a report to the Government giving the detailed reasons for making a departure from the published schedule of examinations. The Government may, thereon, issue such directions, as it may deem fit, for better compliance in future.

Section 45.Declaration of results.
(1) The university shall strive to declare the results of every examination conducted by it within thirty days from the last date of the examination for a particular course and shall in any case declare the results latest within forty-five days from such date :
Provided that, if for any reason whatsoever, the university is unable to finally declare the results of any examination within the period of forty-five days, it shall submit a report incorporating the detailed reasons for such delay to the Government. The Government may, thereon, issue such directions as it may deem fit for better compliance in future.
(2) No examination or results of an examination shall be held invalid only for the reasons that the university has not followed the schedule of examinations as stipulated in section 44 of this Act or that the university has failed to declare the results within the period specified in sub-section (1).

Section 46.Convocation.
The convocation of the university shall be held in every academic year in the manner as may be prescribed by the Statutes for conferring degrees, diplomas or for any other purposes.

Section 47.Accreditation of university.
The university shall obtain accreditation from the National Council of Assessment and Accreditation (NAAC), Bangalore, within five years of its establishment and inform the Government and such other regulating bodies which are connected with the courses taken up by the university about the grade provided by National Council of Assessment and Accreditation (NAAC) to the university. The university shall get renewed such accreditation at an interval of every five years thereafter.

Section 48.University to follow rules, regulations, norms, etc., of regulatory bodies.
Notwithstanding anything contained in this Act, the university shall be bound to comply with all the rules, regulations, norms, etc. of the regulatory bodies and provide all such facilities and assistance to such bodies as are required by them to discharge their duties and carry out their functions.

Section 49.Annual report.
(1) The annual report of the university shall be prepared by the Board of Management which shall include among other matters, the steps taken by the university towards the fulfilment of its objects and shall be approved by the Governing Body and copy of the same shall be submitted to the sponsoring body.
(2) The copies of the annual report prepared under sub-section (1) shall also be presented to the Government.
(3) The State Government shall cause such report to be laid before each House of the State Legislature.

Section 50.Annual accounts and audit.
(1) The annual accounts and balance sheet of the university shall be prepared under the directions of the Board of Management and the annual accounts shall be audited at least once in every year by the auditors appointed by the university for this purpose.
(2) A copy of the annual accounts together with the audit report shall be submitted to the Governing Body.
(3) A copy of the annual accounts and audit report along with the observations of the Governing Body shall be submitted to the sponsoring body.
(4) The copies of annual accounts and balance sheet prepared under sub-section (1) shall also be presented to the Government.
(5) The advice of the Government, if any, arising out of the accounts and audit report of the university shall be placed before the Governing Body and the Governing Body shall issue such directions, as it may deem fit and compliance thereof shall be reported to the Government.

Section 51.Powers of Government to inspect.
(1) The Government may issue directions to the university to carry out or comply with the provisions of this Act and rules, Statutes or Ordinances made thereunder;
(2) The Government may appoint a Committee to inspect the administration and working of a university, at any time, after giving prior notice of such inspection to ensure proper compliance with the provisions of this Act;
(3) The Government may issue directions to the university for time bound compliance or to rectify the deficiencies of lapses pointed out by the Committee appointed under sub-section (2).
(4) For the purposes of ascertaining the standards of teaching, examination and research or any other matter relating to the university, the Government may, after consultation with the Vice-Chancellor, cause an assessment to be made in such manner as may be prescribed by rules, by such person or persons as it may deem fit.
(5) The Government shall communicate to the university its recommendations in regard to the result of such assessment for corrective action and the university shall take such corrective measures as are necessary so as to ensure the compliance of the recommendations.
(6) If the university fails to comply with the recommendations made under sub-section (5) within a reasonable time, the Government may give such directions as it may deem fit which shall be binding on the university.

Section 52.Dissolution of university by sponsoring body.
(1) The sponsoring body may dissolve the university by giving a notice to this effect to the Government, employees and students of the university, at least one year in advance:
Provided that, dissolution of the university shall have effect only after the last batches of students of the regular courses have completed their courses and they have been awarded the degrees, diplomas or awards, as the case may be.
(2) On dissolution of the university all the assets and liabilities of the university shall, subject to the provisions of any other law for the time being in force, vest in the sponsoring body.

Section 53.Special powers of State Government in certain circumstances.
(1) If it appears to the Government that the university has contravened any of the provisions of this Act and the rules, Statutes or Ordinances made thereunder or has contravened any of the directions issued by it under this Act or has ceased to carry out any of the undertakings given under section 5 of this Act, or a situation of financial mis-management or mal-administration has arisen in the university, it shall issue notice requiring the university to show cause within forty-five days as to why an order of its liquidation should not be made.
(2) If the Government, on receipt of reply of the university on the notice issued under sub-section (1), is satisfied that there is a prima facie case of contravention of all or any of the provisions of this Act and rules, Statutes or Ordinances made thereunder or of contravention of the directions issued by it under this Act or of ceasing to carry out the undertaking given under section 5 of this Act, or of financial mismanagement or maladministration, it shall make an order of such enquiry as it may consider necessary.
(3) The Government shall, for the purpose of any enquiry under sub-section (2), appoint an inquiry officer or officers to inquire into any of the allegations and to make a report thereon.
(4) An inquiry officer or officers appointed under sub-section (3) shall have the same powers as are vested in a civil court under the Code of Civil Procedure, 1908 (5 of 1908), while trying a suit in respect of the following matters, namely:-
(a) summoning and enforcing the attendance of any person and examining him on oath;
(b) requiring the discovery and production of any such document or any other material as may be producible in evidence;
(c) requisitioning any public record from any court or office; and
(d) any other matter which may be prescribed by rules.
(5) The inquiry officer or officers, inquiring under this Act, shall be deemed to be a civil court for the purposes of section 195 and Chapter 26 of the Code of Criminal Procedure, 1973 (2 of 1974).
(6) On receipt of the enquiry report from the officer or officers appointed under sub-section (3), if the Government is satisfied that the university has contravened all or any of the provisions of this Act, rules, Statutes or Ordinances made thereunder or has violated any of the directions issued by it under this Act or has ceased to carry out the undertakings given by it under section 5 of this Act, or a situation of financial mis-management and mal-administration has arisen in the university which threatens the academic standard of the university, it shall issue a preliminary order for the liquidation of the university and appoint an administrator.
(7) The administrator appointed under sub-section (6) shall have all the powers and be subject to all the duties of the Governing Body and the Board of Management under this Act and shall administer the affairs of the university until the last batch of the students of the regular courses have completed their courses and they have been awarded degrees, diplomas or awards, as the case may be.
(8) After having awarded the degrees, diplomas or awards, as the case may be, to the last batches of the students of the regular courses, the administrator shall make a report to this effect to the Government.
(9) On receipt of the report under sub-section (8), the Government shall, by notification in the Official Gazette, issue a final order dissolving the university and from the date of publication of such notification, the university shall stand dissolved and all the assets and liabilities of the university shall vest in the sponsoring body from such date.

Section 54.Punishment.
Any contravention of any of the provisions of this Act shall be an offence and the university as well as officers of the university specified under section 16 shall be punished with imprisonment for a term which shall not be less than three months but which may extend to one year and with fine of not less than rupees fifty thousand which may extend to rupees five lakhs:
Provided that, nothing in this section shall be construed as preventing the Government from initiating any action, whether civil or criminal, for non-compliance of the provisions of this Act including proceedings for liquidation of the university.

Section 55.Offences by Companies.
(1) Where an offence under this Act, or the rules made thereunder, is committed by a company, every person who at the time when the offence was committed, was in-charge of, and was responsible to the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly:
Provided that, nothing contained in this sub-section shall render any person liable to any punishment, if he proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence.
(2) Notwithstanding anything contained in sub-section (1), where any offence under this Act or the rules made thereunder, has been committed by a company with the consent or connivance of, or is attributable to or on the part of, any Director, Manager, Secretary or other officer or servant of the Company, such Director, Manager, Secretary or other officer or servant concerned shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
Explanation.- For the purposes of this section,-
(a) "Company" means a body corporate and includes a trust, a firm, a society, and institution or other association of individuals; and
(b) "Director" in relation to,-
(i)a firm means a partner in the firm;
(ii) a society, a trust, an institution or other association of persons, or body of individuals, means the person who is interested under the rules or bye-laws of the society, trust, institution or other association or body with the management of the affairs of the society, trust, institution or other association or body, as the case may be.

Section 56.Power to make rules.
(1) The Government may, by notification published in the Official Gazette, make rules to carry out the purposes of this Act.
(2) Every rule made under this Act shall be laid, as soon as may be after it is made, before each House of the State Legislature, while it is in session for a total period of thirty days, which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session in which it is so laid or the session immediately following, both Houses agree in making any modification in rule or both Houses agree that the rule should not be made, and notify their decision to that effect in the Official Gazette, the rule shall from the date of publication of such decision in the Official Gazette, have effect only in such modified form or be of no effect, as the case may be; so however, that any such modification or annulment shall be without prejudice to the validity of anything previously done or omitted to be done under that rule.

Section 57.Transitory provision.
If the process for establishing self-financed private university as per the existing Government orders or resolutions is completed at a particular stage on or before the date of commencement of this Act then, after commencement of this Act, such process shall be continued from that stage onwards as per the provisions of this Act.

Section 58.Repeal and savings.
(1) On and from the date of commencement of this Act,-
(a) the Amity University Act, 2014 (Mah. XIII of 2014);
(b) the Spicer Adventist University Act, 2014 (Mah. XIV of 2014);
(c) the FLAME University Act, 2014 (Mah. II of 2015);
(d) the Ajeenkya DY Patil University Act, 2014 (Mah. III of 2015);
(e) the Sandip University Act, 2015 (Mah. XXXVIII of 2015);
(f) the MIT Art, Design and Technology University Act, 2015 (Mah. XXXIX of 2015);
(g) the Dr. Vishwanath Karad MIT World Peace University Act, 2016 (Mah. XXXV of 2017);
(h) the Symbiosis Skills and Professional University Act, 2017 (Mah. XXXVII of 2017);
(i) the Vishwakarma University Act, 2017 (Mah. XXXVIII of 2017);
(j) the DSK World University Act, 2017 (Mah. XXXIX of 2017);
(k) the Sanjay Ghodawat University, Kolhapur, Act, 2017 (Mah. XL of 2017);
(l) the D. Y. Patil International University, Pune, Act, 2017 (Mah. LXIII of 2017);
(m) the G. H. Raisoni University, Amravati, Act, 2018 (Mah. XXIX of 2018);
(n) the Chhatrapati Shivaji Maharaj University, Panvel, Act, 2018 (Mah. XXXII of 2018);
(o) the Vijaybhoomi University, Raigad Act, 2018 (Mah. LXXVII of 2018);
(p) the Somaiya Vidyavihar University, Mumbai Act, 2019 (Mah. V of 2019);
(q) the D. Y. Patil University, Pune Act, 2019 (Mah. VI of 2019);
(r) the Sri Balaji University, Pune Act, 2019 (Mah. XII of 2019);
(s) the Ramdeobaba University, Nagpur Act, 2019 (Mah. XIII of 2019);
(t) the MGM University, Aurangabad Act, 2019 (Mah. XXVI of 2019);
(u) the D. Y. Patil Agriculture and Technical University, Talsande, Kolhapur Act, 2020 (Mah. XXXVI of 2020);
(v) the NICMAR University, Pune Act, 2022 (Mah. XXXVI of 2022);
(w) the Dr. P. A. INAMDAR University, Pune Act, 2022 (Mah. XXXVII of 2022);
(x) the Universal Ai University, Karjat Act, 2022 (Mah. III of 2023);
(y) the JSPM University, Pune Act, 2022 (Mah. IV of 2023);
(z) the Pimpri Chinchwad University, Pune Act, 2022 (Mah. V of 2023);
(za) the MIT Vishwaprayag University, Solapur, Act, 2023 (Mah. XXXVIII of 2023);
(zb) the DES Pune University, Pune Act, 2023 (Mah. XXXIX of 2023), shall stand repealed.
(2) Notwithstanding the repeal of the said Acts,-
(i) any person holding office immediately before the commencement of this Act as Vice-Chancellor of an existing university shall, on such commencement, be the Vice-Chancellor of the corresponding university and shall continue to hold the said office till his term of office as Vice-Chancellor of the existing university would have expired had he continued to be as such unless he ceases to be the Vice-Chancellor by reason of death, resignation or otherwise before the expiry of his term of office as aforesaid and shall exercise all the powers and perform all the duties conferred and imposed on the Vice-Chancellor of the corresponding university by or under this Act;
(ii) every authority of an existing university constituted immediately before the commencement of this Act, shall be deemed to be the corresponding authority of the corresponding university under this Act;
(iii) every person holding office either as an officer or the employee (whether teaching or other employee) of an existing university on the date immediately before the commencement of this Act shall continue to hold office on the same terms and conditions as were applicable to him immediately before such date, and shall exercise such powers and perform such duties as are conferred on them by or under this Act;
(iv) all property, movable or immovable, and all rights, interest of whatsoever kind, powers and privileges of any existing university shall stand transferred to and shall, without further assurance, vest in, the corresponding university and be applied to the objects and purposes for which the corresponding university is constituted;
(v) all benefactions accepted or received by any existing university and held by it immediately before the commencement of this Act, shall be deemed to have been accepted or received or held by the corresponding university under this Act, and all the conditions on which such benefactions were accepted or received or held shall be deemed to be valid under this Act, notwithstanding that such conditions may be inconsistent with any of the provisions of this Act;
(vi) all debts, liabilities and obligations incurred before the commencement of this Act, and lawfully subsisting against any existing university, shall be discharged and satisfied by the corresponding university;
(vii) any will, deed or other documents made before the commencement of this Act, which contains any bequest, gift, term or trust in favour of an existing university shall, on and from the commencement of this Act, be construed as if the corresponding university is named therein instead of the existing university;
(viii) all references in any enactment or other instruments issued under any enactment, to any existing university shall be construed as references to the corresponding university;
(ix) the teachers, who were recognised teachers of the university under the said Acts in respect of any of the existing university immediately before the commencement of this Act, shall be deemed to be recognised teachers of the corresponding university under and for the purposes of this Act and shall continue to be such recognised teachers until fresh recognitions are granted under this Act;
(x) all rules, Statutes, Ordinances or Regulations made under the said Acts in respect of any existing university shall, in so far as they are not inconsistent with the provisions of this Act, continue in force and be deemed to have been made under this Act in respect of the corresponding university or any authority of the university, as the case may be, until they are superseded or modified by the rules, Statutes, Ordinances or Regulations made under this Act;
(xi) all notices and orders made or issued by any authority under any of the said Acts shall, in so far as they are not inconsistent with the provisions of this Act, continue in force and be deemed to have been made or issued by corresponding authority until they are superseded or modified under this Act:
Provided that, no rules, Statutes, Ordinances, Regulations, notices or orders made or issued under any of the Acts repealed by this section and in force immediately before the commencement of this Act, shall be deemed to be inconsistent with the provisions of this Act by reason only that the power to make or issue such rules, Statutes, Ordinance, Regulations, notice or order under this Act vests in a different authority or body or officer, or that the subject matter thereof is permissible only under a different form of subordinate legislation or instrument to be made, under this Act.

Section 59.Power to remove difficulties.
(1) If any difficulty arises in giving effect to the provisions of this Act, the Government may, as occasion arises, by an order published in the Official Gazette, do anything not inconsistent with the provisions of this Act, which appears to it to be necessary or expedient for removing the difficulty:
Provided that, no such order shall be made after the expiry of a period of two years from the date of commencement of this Act.
(2) Every order made under sub-section (1), shall, as soon as may be after it is made, be laid before each House of the State Legislature.

Maharashtra act 008 of 2023 : The Maharashtra Private Universities (Establishment and Regulation) Act, 2023

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