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1

RNI No. MAHENG/2009/35528

¨É½þÉ®úÉ¹]Åõ ¶ÉÉºÉxÉ ®úÉVÉ{ÉjÉ
+ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö

´É¹ÉÇ 3, +ÆEò 38(5)]

¤ÉÖvÉý´ÉÉ®ú, ¨Éä 3, 2017/´Éè¶ÉÉJÉ 13, ¶ÉEäò 1939

[ {ÉÞ¹`ä 21, ËEò¨ÉiÉ : ¯û{ÉªÉä 27.00

+ºÉÉvÉÉ®úhÉ Gò¨ÉÉÆEò 82

|ÉÉÊvÉEÞòiÉ  |ÉEòÉ¶ÉxÉ

¨É½þÉ®úÉ¹]Åõ  Ê´ÉvÉÉxÉ¨ÉÆb÷³ýÉSÉä  +ÊvÉÊxÉªÉ¨É  ´É  ®úÉVªÉ{ÉÉ±ÉÉÆxÉÒ  |ÉJªÉÉÊ{ÉiÉ  Eäò±Éä±Éä  +vªÉÉnäù¶É  ´É  Eäò±Éä±Éä  Ê´ÉÊxÉªÉ¨É  +ÉÊhÉ  Ê´ÉÊvÉ  ´É  xªÉÉªÉ
Ê´É¦ÉÉMÉÉEòbÚ÷xÉ  +É±Éä±ÉÒ  Ê´ÉvÉäªÉEäò  (<ÆOÉVÉÒ  +xÉÖ´ÉÉnù).

In pursuance of clause (3) of article 348 of the Constitution of India, the following translation
in English of the DSK World University Act, 2017 (Mah. Act No. XXXIX of 2017), is hereby published
under  the  authority  of  the  Governor.

By order and in the name of the Governor of Maharashtra,

PRAKASH H. MALI,
Principal  Secretary  to  Government,
Law  and  Judiciary  Department.

MAHARASHTRA ACT No. XXXIX OF 2017.

----------------------------------

(First published, after having received the assent of the Governor in the
“Maharashtra Government Gazette”, on the 3rd May 2017).

An  Act to  provide  for  establishment,  incorporation  and  regulation  of

DSK  World  University,  Pune  for  the  development  and  advancement  of
higher  education  in  the  State  and  to  provide  for  matters  connected
therewith  or  incidental  thereto.

WHEREAS it is expedient to provide for the establishment, incorporation
and  regulation  of  DSK  World  University,  Pune  for  the  Development  and
advancement  of  higher  education  in  the  State  and  to  provide  for  matters
connected  therewith  or  incidental  thereto,  for  the  purposes  hereinafter
appearing ;  it  is  hereby  enacted  in  the  sixty-eighth  Year  of  the  Republic  of
India as follows :—

(1) This Act may be called the DSK World University Act, 2017.

1.
(2) It shall come into force on such date, as the State Government may

by  notification  in  the Official  Gazette,  appoint.

Short title and
commencement.

2.

In  this  Act,  unless  the  context  otherwise  requires,—

(1)

¦ÉÉMÉ  +É`ö  82-1

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Definitions.

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

(b)  “authorities”  means  the  authorities  of  the  university  as  specified

by or under this Act;

(c)  “Board  of  Management”  means  the  Board  of  Management

constituted  under  section  22  of  this  Act;

(d)  “campus”  means  the  area  of  University  within  which  it  is

established;

(e) “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;

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

(g)  “employee”  means  any  person  appointed  by  the  University  and

includes  teachers,  officers  and  other  staff  of  the  University;

(h)  “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;

(i)  “Government”  or  “State  Government”  means  the  Government  of

Maharashtra;

(j)  “Governing  Body”  means  the  Governing  Body  constituted  under

section 21 of this Act;

(k)  “higher  education”  means  pursuit  of  knowledge  beyond  learning

at  the  stage  of  higher  secondary  school  education;

(l)  “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;

(m) “notification” means a notification published in the Official Gazette;

(n)  “Official  Gazette”  means  the Maharashtra  Government Gazette;

(o)  “prescribed”  means  prescribed  by  statutes  or  ordinances  or

regulations, as the case may be,  made by or under this Act;

(p) “President or Chancellor” means the Chancellor of the University;

(q)  “regulating  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, Medical Council of India, 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;

(r) “rules” means the rules made by the State Government;

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3

(s) “section” means a section of this Act;

(t)  “sponsoring  body”  means  the  DSK  World  Education  Council  is

registered as  a Company under  section 8(1)  of Companies  Act;

(u) “State” means State of Maharashtra;

18 of
2013.

(v)  “statutes”,  “ordinances”  and  “regulations”  mean  respectively,  the
statutes,  ordinances  and  regulations  of  the  University  made  under  this
Act;

(w)  “student”  means  a  person  enrolled  in  the  University  for  taking  a
course  of  study  for  a  degree,  diploma  or  other  academic  distinction
instituted  by  the  University,  including  a  research  degree;

(x)  “study  center”  means  a  center  established  and  maintained  or
recognized by the University for the purpose of advising, counseling or for
rendering  any  other assistance  required  by  the  students  in the  context  of
distance  education;

(y)  “Teacher”  means  a  Professor,  Associate  Professor,  Assistant
Professor,  adjuct  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;

(z)  “University”  means  DSK  World  University,  Pune.

3.

(1) There shall be established a University by the name of DSK World

University,  Pune.

(2)  The  President,  the  Vice-Chancellor,  the  Governing  Body,  the  board
of management, the 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 of “DSK World University, Pune”.

(3)  The  University  shall  have  perpetual  succession  and  a  common  seal

and shall sue and be sued by the said name.

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

(5) The University shall be situated and have its head-quarters at DSK
World  University,  Survey  No.  54/55  Fursungi,  Near  Loni  Toll  Naka,  Pune-
Solapur Road, Pune 412308, Maharashtra.

4. The objects of the University shall be as follows :—

(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,  Business  and
Commerce,  Applied  and  Creative  Arts,  Vocational  Education,  Media,
Information  and  Communication  Technology  and  Education  per  se  and
their  inter-disciplinary  studies  and  development;

(b)  to  provide  instructions,  teaching  and  training  in  Higher  and

¦ÉÉMÉ  +É`ö  82-1+

Incorporation
of University.

Objects of
University.

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Technical  Education,  Arts,  Sports,  Culture,  Film,  Space  Technologies,
Marine  Research  and  make  provisions  for  research;

(c) to create higher level of cognitive, affective and psychomotor (head,

hearts and hands) abilities;

(d)  to  create  higher  levels  of  intellectual  abilities;

(e)  to  create  and  deploy  new  educational  programs  to  promote
creativity, innovation and entrepreneurship for inventing of 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  centers  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  socio-
economic  wealth  for  individuals  and  society  for  21st  century;

(j)  to  provide  professional  and  development  services  to  the  industry

and  public  organizations  and  society;

(k) to start  higher education programs, 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  degree,  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  or
the National Council for Teacher Education established under the National
Council  for  Teacher  Education  Act,  1993  or  the  University  Grants
commission  consitituted  under  the  University  Grants  Commission
Act, 1956 or the Pharmacy Council of India constituted under the Pharmacy
Act,  1948  or  the  Bar  Council  of  India  constituted  under  the  Advocates
Act, 1961 or any other statutory body, as the case may be.

5. The  University  shall  have  the  following  powers  and  functions,

73 of 1993.
3 of 1956.
8 of 1948.

25 of 1961.

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5

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, rules and regulations for carrying
out  the  objects  of  the  University  in  accordance  with  the  provisions  of  the
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  such  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

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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 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  and  other  accommodation  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;

(xxx) 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  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.

6.

(1)  No  citizen  of  India  shall  be  excluded  from  any  office  of  the

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7

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.

University
open to all.

(2) The university shall adopt government policy and orders issued, from
time  to  time,  in  regard  to  the  reservation  for  Scheduled  Castes,  Scheduled
Tribes, Denotified Tribes (Vimukta Jatis), Nomadic Tribes, Other Backward
Classes, Other Backward Category for the purpose of admission of students
in  the  University  departments  and  institutions.

(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.

7. The  University  shall  be  self-financed  and it  shall  not  be  entitled  to

receive  any  grant  or  other  financial  assistance  from  the  Government.

8.

(1) The sponsoring body shall establish a permanent statutory fund
to be called “the Endowment Fund” for the University which shall comprise
of at least five crore rupees which may be increased suo motu but shall not be
decreased.

(2)  The  Endowment  Fund  shall  be  kept  as  security  deposit  to  ensure
strict compliance of the provisions of this Act, rules, regulations, statutes or
ordinances  made  there  under.

(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  any  of  the  provisions  of  this  Act,  rules,
statutes,  ordinances  or  regulations  made  there  under.

(4) Income from Endowment Fund may  be utilized for the development
of  infrastructure  of  the  University  but  shall  not  be  utilized  to  meet  out  the
recurring  expenditure  of  the  University.

(5)  The  amount  of  Endowment  Fund  shall  be  kept  invested,  until  the
dissolution  of  the  University,  by  way  of  long  term  securities  received  or
guaranteed by the Government subject to the condition that the amounts so
invested  from  the  Fund  shall  not  be  withdrawn  without  the  permission  of
the  Government.

(6)  The  certificates  of  the  long  term  securities  shall  be  kept  in  the  safe
custody of the Government; and the Government shall have the right to encash
the  deposit  amount  for  the  purpose  mentioned  in  sub-section  (3).

9. University  shall  also  establish  a  fund,  which  shall  be  called  the

General  Fund  to  which  following  shall  be  credited,  namely  :—

(i)  fees  and  other  charges  received  by  the  University ;

(ii) any contribution made by the sponsoring body ;

(iii) any income received from consultancy and other works undertaken

by  the  University ;

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

(v)  All other  sums  received  by the  University.

10. The  General  Fund  shall  be  utilized  for  meeting  all  expenses,

University
to be self-
financed.

Endowment
Fund.

General
Fund.

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Application
of General
Fund.

Officers of
the
University.

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
the  prior  approval  of the  Board  of  Management.

11. The following  shall be  the officers of  the University,  namely :—

(i)  the  President  who shall  be  the  Chancellor ;
(ii)  the  Vice-Chancellor ;
(iii) the Deans of Faculties ;
(iv)  the  Registrar ;
(v)  the  Chief  Finance  and  Accounts  Officer ;
(vi)  the  Controller  of  Examinations ;  and
(vii)  such  other  persons  in  the  service  of  the  University  as  may  be

declared by the  statutes to be the officers  of the University.

President.

12.

(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 the rules.

(2) The eligibility and criteria for the post of President shall be as may
be prescribed by the rules and regulations issued by the State Government.

(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 ;

(c)  to  remove  the  Vice-Chancellor  in  accordance  with  the  provisions

of sub-section (7) of section 14 of this Act ;

(d) such other powers as may be specified by the statutes.

Removal of
President.

13. The  President  may  be  removed  from  his  office  by  the  sponsoring

body, if it is satisfied that the incumbent,—

(a) becomes insane and stands so declared by a competent court ;

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

turpitude ;

(c)  become  an  undischarged  insolvent  and  stands  so  declared  by  a

competent  court ;

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

(e) willfully  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  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

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9

show-cause  by  the  sponsoring  body  before  taking  recourse  to  action  under
clauses (d) and (e) for his removal from the said office.

14.

(1)  The  Vice-Chancellor  shall  be  appointed  by  the  President,  on
such  terms  and  conditions  as  may  be  specified  by  statutes,  from  a  panel  of
three persons recommended by the Governing Body and shall, subject to the
provisions contained in sub-section (7), hold office for a term of three years :

Vice-
Chancellor.

Provided  that,  after  the  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  office
even  after  the expiry  of  his  term till  new  Vice-Chancellor  joins,  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  the  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 as 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 there under 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 specified by the statutes or the ordinances.

(7)  If  at  any  time  upon  representation  made  or  otherwise  and  after
making such inquiry as may be deemed necessary, the situation so warrants
and  if  the  continuance  of  the  Vice-chancellor  is  not  in  the  interests  of  the
University, the President with approval of Governing Body may, by an order
in writing stating the reasons therein, ask the Vice-Chancellor to relinquish
his office from such date as may be specified in the order :

Provided that,  before taking an action  under this sub-section,  the Vice-

Chancellor  shall  be  given an  opportunity  of  being  heard.

15.
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(1)  The  Deans  of  Faculties  shall  be  appointed  by  the  President  in

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Deans  of
Faculties.

such manner and on such terms and conditions of service as may be specified
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  Vice-Chancellor.

Registrar.

16.

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

(2)  The  Registrar  shall  be  the  chief  administrative  officer  of  the
University.  Subject  to  the  decision  of  the  authorities  of  the  University,  he
shall have the power to enter into agreement, contract, sign documents and
authenticate  records  on  behalf  of  the  University.  He  shall  exercise  such
powers and perform such duties as may be specified 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 prescribed by or under this Act, or, as may be conferred
on  him  by  the  statutes  or,  may  be  assigned  to  him,  by  the Vice-Chancellor,
from time to time.

Controller of
Examinations.

17.

(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 specified 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  qualifications  and  experience  for  the  purpose  of
selection of the Controller shall be such as may be prescribed by the statutes.

(4)  The  Controller  of  Examination  shall  be  responsible  for,—

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

(b)  arrangement  for  printing  of  question  papers;

(c)  arrangement  for  the  timely  publication  of  result  of  examinations

and  other  tests;

(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

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11

Chief
Finance and
Accounts
Officer.

Other
Officers.

Authorities
of
University.

Governing
Body.

and  forward  reports  thereon  to  the  Academic  Council.

(5)  Controller  shall  exercise  such  other  power  and  perform  such  other

duties as may be prescribed or assigned to him.

18.

(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 specified by the Statutes.

(3)  The Chief Finance and Accounts Officer shall exercise such powers

and perform such duties, as may be specified by the Statutes.

19.

(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 specified by the Statutes.

20. 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 declared by the statutes to be the

authorities  of  the  University.

21.

(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 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;

(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 or the statutes, ordinances, regulations or rules made there under;

(b) to  review  the  decisions  of  other  authorities  of  the  University  in
case  they  are  not  in  conformity  with  the  provisions  of  this  Act  or  the
statutes,  ordinances,  regulations  or  rules  made  there  under;

(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

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Board of
Management.

liquidation of the University if a situation arises when smooth functioning
of the University does not remain possible, in spite 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.

22.

(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  the  University,  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 specified 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.

Academic
Council.

23.

(1)  The  Academic  Council  shall  consist  of  the  Vice-Chancellor  and

such other members as may be specified by the statutes.

(2)  The  Vice-Chancellor  shall  be  the Ex-officio Chairperson  of  the

Academic  Council.

Board of
Examination.

(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 and ordinances made there under, 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 specified by the statutes.

24.

(1)  The  Board  of  Examination  shall  be  the  principal  authority  of
the  University  for  conducting  the  examination  and  making  policy  decisions
in  regard  to  organizing  and  holding  examinations,  improving  the  system  of
examinations, appointing the paper–setters, examiners moderators and also
prepare the Schedule of Examinations and declaration of results. The Board
of Examination should 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  of  section  38,  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

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13

examinations.

(2) The Board of Examination shall consist of following members namely :–

(a)  the  Vice  Chancellor  –  Chairperson;

(b) professor of each subject – Member;

(c)  one  evaluation  expert,  co-opted  by  the  Board  of  Examination  –

Member;

(d)  the  Controller  of  Examination  –  Member-Secretary.

(3)  The  powers,  and  functions  of  the  Board  of  Examinations  shall  be

such as may be laid down by the statutes.

25. The  constitution,  powers  and  functions  of  other  authorities  of  the

University shall be such as may be specified by the statutes.

26. A  person  shall  be  disqualified  for  being  a  member  of  any  of  the

authorities  or  bodies  of  the  University,  if  he,—

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

(ii)  has been  convicted of  any  offence involving  moral turpitude;  or

(iii) is conducting  or engaging himself in private  coaching classes; or

(iv) has been punished for indulging in or promoting unfair practices

in the conduct of any examination, in any form, anywhere.

27. 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.

28.

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.

Other
authorities.

Dis-
qualifications.

Vacancies
not to
invalidate
the
proceedings
of any
authority or
body of the
University.

Filling of
casual
vacancies.

29.

(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.

Committees.

(2) The constitution of such committees shall be such as may be specified

by the statutes.

30.

(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 there under,
the First Statutes of the University may provide for all or any of the following
matters,  namely:—

First
Statutes.

(a)  the  constitution,  powers  and  functions  of  the  authorities  and  other

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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  to  them  scholarships  and  fellowships;

(h)  provisions  regarding  the  policy  of  admissions,  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.

(4) The Government shall publish the First Statutes, as approved by it,
in  the Official  Gazette and  thereafter,  such  Statutes  shall  come  into  force
from date  of such  publication.

Subsequent
statutes.

31.

(1)  Subject  to  the  provisions  of  this  Act  and  the  rules  made  there
under,  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

specified  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  of  the  statutes  affecting  the  status,  powers  or  constitution
of any existing authority of the University until such authority has been given

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15

First
Ordinance.

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 statute 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.

32.

(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  or  the  rules  or  statutes  made
there  under,  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  enrolment

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  there
under.

(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.

33.

(1)  All  ordinances  other  than  the  First  Ordinances  shall  be  made

¦ÉÉMÉ  +É`ö  82-4

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Subsequent
Ordinances.

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  along  with  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.

Regulations.

34. 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, the rules, statutes and the ordinances made there under, for the
conduct of  their own business and  of the committees appointed  by them.

Admissions.

35.
of  merit.

(1) Admission in the University shall be made strictly on the basis

(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, Vimukta Jattis, Nomadic Tribes, Other
Backward  Classes,  Special  Backward  Category  and  handicapped  students,
shall be  reserved as  per the policy  of the  State Government:

Provided that the total reservation in any case shall not exceed fifty per

cent.

(4)  Out  of  the  total  approved  intake  capacity,  seventy  per  cent.  of  the
seats  shall  be  reserved  for  the  students  having  domiciled  in  the  state  of
Maharashtra.

Fee
Structure.

36.

(1) The University may, from time to time, prepare its fees structure
and  forward  it  for  approval  of  the  committee  constituted  by  the  State
Government  for  the  purpose.

(2) The Government shall constitute a Fee Structure Review Committee,
in  the  manner  as  maybe  prescribed,  to  review  the  fee  structure  proposals
received  from  University.

(3)  The  chairperson  for  the  committee  mentioned  under  sub-section  (2)
shall be a Retired Justice from Supreme Court or retired chief justice of any
High  Court.  The  chairman  of  the  committee  shall  be  a  person  who  is
recommended by the Hon’ble High Court at Mumbai.

(4)  The  committee  shall  consider  the  fees  structure  prepared  by  the
University, review it and shall submit its recommendations to the Government
after  taking  into  consideration  whether  the  proposed  fee  is—

(a) sufficient for :-

(i)  generating  resources  for  meeting  the  recurring  expenditure  of

the  University;  and

(ii)  the  savings  required  for  the  further  development  of  the

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17

University;  and

(b)  not  unreasonably  excessive.

(5)  After  receipt  of  the  recommendations  under  sub-section  (4),  if  the
Government is satisfied, it may approve the fee structure. The fee structure
approved  by  the  Government  shall  remain  valid  until  next  revision.

(6) 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  Self-financed  University.

(7)  The  University  shall  not  charge  any  fees,  by  whatever  name  called,

other than that for which it is entitled under sub-section (5).

37.

(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.

Prohibition
of
Capitation
Fee.

(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, 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.

38. At the beginning of each academic session and in any case not later
than 30th 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:

Schedule of
Examinations.

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  Examination.  The  Government  may,  thereon,  issue
such directions as it may deem fit for better compliance in future.

39.

(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:

Declaration
of results.

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 the results of an examination shall be held invalid
only  for  the  reasons  that  the  University  has  not  followed  the  Schedule  of
Examination as stipulated  in section 38 or  that the University has  failed to
¦ÉÉMÉ  +É`ö  82-4+

Mah. VI
of  1988.

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declare  the  results  within  the  period  specified  in  sub-section  (1).

Convocation.

40. The  convocation  of  the  University shall  be  held  in  every  academic
year in the manner as may be specified by the statutes for conferring degrees,
diplomas  or  for  any  other  purpose.

Accreditation
of the
University.

41. The University shall obtain accreditation from the National Council
of  Assessment  and  Accreditation  (NAAC),  Bangalore  within  three  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  NAAC  to  the  University.  The  University  shall  get
renewed  such  accreditation  at  an  interval  of  every  five  years  thereafter.

University
to follow
rules,
regulations,
norms etc. of
the
regulating
bodies.

Annual
report.

42. Notwithstanding  anything  contained  in  this  Act,  the  University
shall  be  bound  to  comply  with  all  the  rules,  regulations,  norms,  etc.  of  the
regulating 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.

43.

(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  fulfillment  of  its  objects  and  shall  be
approved by the Governing Body and copy of the same shall be submitted to
the  sponsoring  body.

(2) 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.

Annual
accounts and
audit.

44.

(1)  The  annual accounts  including  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  alongwith  the
observations  of  the  Governing  Body  shall  be  submitted  to  the  sponsoring
body.

(4)  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.

Powers of
the
Government
to inspect
the
University.

45.

(1)  For  the  purpose  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 such person
or persons as it may deem fit.

(2)  The  Government  shall  communicate  to  the  University  its

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19

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.

(3)  If  the  University  fails  to  comply  with  the  recommendations  made
under  sub-section  (2)  within  a  reasonable  time,  the  Government  may  give
such directions as it may deem fit which shall be binding on the University.

46.

(1) The  sponsoring  body  may  dissolve  the  University  by  giving  a
notice  to  this  effect  to  the  Government,  the  employees  and  the  students  of
the University atleast 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  degrees,  diplomas  or  awards,  as  the  case  may
be.

(2)  On  the  dissolution  of  the  University  all  the  assets  and  liabilities  of

the University shall vest in the sponsoring body :

Provided  that,  in  case  the  sponsoring  body  dissolves  the  University
before twenty five years of its establishment all the assets of the University
shall vest  in the Government  free from  all encumbrances.

Dissolution
of the
University
by
sponsoring
body.

47.

(1)  If  it  appears  to  the  Government  that  the  University  has
contravened  any  of  the  provisions  of  this  Act  or  the  rules,  statutes  or
ordinances made there under 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.

Special
powers of
the State
Government
in certain
circumstances.

(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 or the 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  mis-management or  mal-administration,
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  enquiry  officer  or  officers  to  enquire  into  any  of
the  allegations  and  to  make  report  thereon.

(4)  The  enquiry  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,  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 predicable in evidence;

(c) requisitioning  any public  record from  any court  or office;  and

(d) any other matter which may be prescribed.

(5)  The  Enquiry  Officer  or  officers,  inquiring  under  this  Act,  shall  be

5 of
1908.

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2 of
1974.

deemed to be a civil court for the purposes of section 195 and Chapter 26 of
the  Code  of  Criminal  Procedure,  1973.

(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 or the 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.

48.

(1) Immediately after the commencement of this Act, there shall be
established  a  Secretary  Level  Committee  in  order  to  verify  and  ensure
compliance of the requirements to the guidelines relating to the establishment
of  self-financed  universities,  framed  by  the  State  Government  from  time  to
time;  and  of  the  undertakings  submitted  by  the  sponsoring  body.  The
committee  shall  consist  of  the  Secretaries-in-charge  of  the  Higher  and
Technical Education Department, the Finance Department, and the Planning
Department.

(2)  The  committee  constituted  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 allowing the operationalization of the University.

(4)  The  University  shall,  admit  the  students  only  after  issuance  of  the

notification  under  sub-section  (3).

Secretary level
Committee and
Operationaliza-
tion.

Power to
make Rules.

49.

(1)  The  Government  may,  by  notification,  make  rules  for  carrying

into  effect  the  purposes  of  this  Act.

(2) Without prejudice to the generality of the foregoing power, such rules

may provide for all or any of the following matters, namely :-

(a)  matters  to  be  prescribed  under  clause  (d)  of  sub-section  (4)  of

section  47;

(b) any other matter which is required to be, or may be, prescribed by

rules.

(3)  All  the  rules  made  under  this  Act  shall  be  laid,  as  soon  as  may  be

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21

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 successive sessions, and if, before the expiry of the session in which
they are so laid or the sessions immediately following, both Houses agree in
making any modification to the rule or both Houses agree that the rule should
not be made, the rule shall from the date of publication of a notification, 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 thereunder.

50.

(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 :

Power to
remove
difficulties.

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 be laid, as soon as may

be after it is made, be laid before each House of the State Legislature.

ON BEHALF OF GOVERNMENT PRINTING, STATIONERY AND PUBLICATION, PRINTED AND PUBLISHED BY SHRI PARSHURAM JAGANNATH
GOSAVI, PRINTED AT GOVERNMENT CENTRAL PRESS, 21-A, NETAJI SUBHASH ROAD, CHARNI ROAD, MUMBAI 400 004 AND PUBLISHED AT
DIRECTORATE OF GOVERNMENT PRINTING, STATIONERY AND PUBLICATION, 21-A,NETAJI SUBHASH ROAD, CHARNI ROAD, MUMBAI 400 004,
EDITOR : SHRI PARSHURAM JAGANNATH GOSAVI.

