¨É½þÉ®úÉ¹]Åõ ¶ÉÉºÉxÉ ®úÉVÉ{ÉjÉ, +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, ¶ÉÖGò´ÉÉ®úú, +ÉìMÉº]õ 21, 2015/¸ÉÉ´ÉhÉö 30, ¶ÉEäò 1937

1
RNI  No. MAHENG /2009/35528

¨É½þÉ®úÉ¹]Åõ ¶ÉÉºÉxÉ ®úÉVÉ{ÉjÉ
+ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö
¶ÉÖGò´ÉÉ®úú, +ÉìMÉº]õ 21, 2015/¸ÉÉ´ÉhÉö 30, ¶ÉEäò 1937

[{ÉÞ¹`ä 20,  ËEò¨ÉiÉ : ¯û{ÉªÉä  27.00

´É¹ÉÇ 1, +ÆEòú 50(11)]

+ºÉÉvÉÉ®úhÉ  Gò¨ÉÉÆEòú  106
|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 MIT Art, Design and Technology University Act, 2015 (Mah. Act. No. XXXIX of
2015),  is hereby published under the authority of the Governor.

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

RAJENDRA  G.  BHAGWAT,
Draftsman-cum-Joint
Secretary  to  Government,
Law  and  Judiciary  Department.

MAHARASHTRA ACT No. XXXIX OF 2015.

(First  published,  after  having  received  the  assent  of  the  Governor  in
the “Maharashtra Government Gazette,” on the 21 st August 2015).

An  Act  to  provide  for  establishment,  incorporation  and  regulation  of  MIT
Art,  Design  and  Technology  University,  Pune,  for  the  development  and
advancement  of higher  education  in the  State  and to  provide
for  matters  connected  therewith  and  incidental  thereto.

WHEREAS it  is  expedient  to  provide  for  establishment,  incorporation
and  regulation of  the  MIT  Art, Design  and  Technology  University, Pune  for
the  development  and  advancement  of  higher  education  in  the  State  and  to
provide  for  matters  connected  therewith  and  incidental  thereto,  for  the
purposes hereinafter appearing ; it is hereby enacted in the Sixty-sixth Year
of the Republic of India as follows :––

1. (1) This  Act  may  be  called  the  MIT  Art,  Design  and  Technology

University Act, 2015.

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

by  notification  in  the Official  Gazette,  appoint.

Short  title
and
commence-
ment.

¦ÉÉMÉ  +É`ö--106------1

(1)

2

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Definitions.

2.

In  this  Act,  unless  the  context  otherwise  requires,—

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

constituted  under  section  22  ;

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

established  ;

(c) “distance education” means education imparted by combination
of  any  two  or  more  means  of  communications, viz.  broadcasting,  tele-
casting, correspondence courses, seminars, contact programmes and any
other  such  methodology  ;

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

includes  teachers,  officers and  other  staff  of the  University  ;

(e) “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 ;

(f) “Government”  or  “State  Government”  means  the  Government

of Maharashtra ;

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

section 21 ;

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

at the stage of school education ;

(i) “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 ;

(j) “notification”  means  a  notification  published  in  the Official

Gazette ;

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

(l) “prescribed”  means  prescribed  by  the  statutes  or  ordinances  or

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

(m) “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  ;

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

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

(p) “sponsoring  body”  means  the  Maharashtra  Academy  of  Engi-
neering and Educational Research, Pune registered as a trust under the
Maharashtra Public Trusts Act ;

XXIX  of
1950.

(q) “State” means the State of Maharashtra ;

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

¨É½þÉ®úÉ¹]Åõ ¶ÉÉºÉxÉ ®úÉVÉ{ÉjÉ, +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, ¶ÉÖGò´ÉÉ®úú, +ÉìMÉº]õ 21, 2015/¸ÉÉ´ÉhÉö 30, ¶ÉEäò 1937

3

(s) “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  ;

(t) “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  ;

(u) “teacher”  means  a  Professor,  Associate  Professor,  Assistant
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 ;

(v) “University”  means  the  MIT  Art,  Design  and  Technology

University,  Pune  established  under  this  Act.

3.

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

Art,  Design  and  Technology  University,  Pune.

Incorporation  of
University.

(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    the  MIT  Art,  Design  and  Technology  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  estab-
lished under this Act and it shall not affiliate any other college or institution
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-quarter at Rajbaug,

Loni-Kalbhor,  Pune,  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
technical  education,  Arts,  Sports,  Culture,  Film,  Space  Technologies,
Marine  Research  and  to  make  provisions  for  research  ;

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

(head, hearts and hands) abilities ;

¦ÉÉMÉ  +É`ö--106------1  +

Objects  of
University,

4

4
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(d) to  create  higher  levels  of  intellectual  abilities  ;

(e) to  create  and  deploy  new  educational  programmes  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  deve-

lopment  ;

(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,  for  sharing
knowledge  and  its  application  ;

(i) to  use  modern  and  post-modern  processes,  mechanisms  and
technologies  for  governance  and  management  of  learning,  teaching,
research, evaluating, developing, organizing and creating socio-economic
wealth for individuals and society for the 21st century ;

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

and public  organizations and  society ;

(k) to  start  higher  education  programmes,  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 continu-
ous 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
or  the  National  Council  for  Teacher  Education  established  under  the
National  Council  for  Teacher  Education  Act,  1993  or  the  University
Grants  Commission  Constituted  under  the  University  Grants  Comm-
ission 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, 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  ;

73 of 1993.

3 of 1956.

8 of 1948.

25 of 1961.

Powers  and
Functions  of
University.

¨É½þÉ®úÉ¹]Åõ ¶ÉÉºÉxÉ ®úÉVÉ{ÉjÉ, +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, ¶ÉÖGò´ÉÉ®úú, +ÉìMÉº]õ 21, 2015/¸ÉÉ´ÉhÉö 30, ¶ÉEäò 1937

5

(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  the  statutes,  ordinances,  rules  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  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  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  the  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

6

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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  the  students  and
the 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  within  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  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.

6.

(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,  political  or  other  opinion.

(2) The University shall adopt the Government policy and orders issued,
from  time  to  time,  in  regard  to  the  reservation  for  Scheduled  Castes,
Scheduled  Tribes,  De-notified  Tribes  (Vimukta  Jatis),  Nomadic  Tribes  and
Other  Backward  Classes  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 atleast five crore rupees, which may be increased suo motu but shall not be
decreased.

University
open  to  all.

University  to  be

self-financed.

Endowment
Fund.

¨É½þÉ®úÉ¹]Åõ ¶ÉÉºÉxÉ ®úÉVÉ{ÉjÉ, +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, ¶ÉÖGò´ÉÉ®úú, +ÉìMÉº]õ 21, 2015/¸ÉÉ´ÉhÉö 30, ¶ÉEäò 1937

7

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

(4) Income  from  the  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. The University shall also establish a fund, to be called “the General

General  Fund.

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,
Utilization of recurring or non-recurring in connection with the affairs of the
University:

Utilization  of
General  Fund.

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 ;
(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

Officers  of
University.

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

President.

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(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 ;

Removal  of
President.

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

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

body, if it is satisfied that the incumbent,—

Vice-Chancellor.

(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) becomes 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) has  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  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 the 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 :

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  his  duties,
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.

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(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 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 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  the  Governing  Body,  may,  by  an
order  in  writing  stating  the  reasons  therefor,  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.

(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 specified
by the statutes.

Deans  of
Faculties.

(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.

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.

Registrar.

(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.

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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. 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  Examinations  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  and  forward  reports  thereon  to  the  Academic  Council.

(5) The  Controller  of  Examinations  shall  exercise  such  other  powers

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.

Chief  Finance
and  Accounts
Officer.

Other  officers.

19.

(1)  The  University  may  appoint  such  other  officers,  as  may  be

necessary  for  its  functioning.

Authorities  of
University.

(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 :—

(i) the Governing Body ;

(ii) the Board of Management;

(iii) the Academic  Council ;

(iv) the Board of Examinations ; and

(v) such other authorities, as may be declared by the statutes to be

the  authorities  of  the  University.

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11

21.

(1) The  Governing  Body  of  the  University  shall  consist  of  the

Governing  following  members,  namely  :––

Governing
Body.

(i) the President ;
(ii) the  Vice-Chancellor  ;
(iii) five  persons,  nominated  by  the  sponsoring  body  out  of  whom

two  shall  be  the  eminent  educationists;

(iv) one  expert  of  management  or  information  technology  from

outside  the  University,  nominated  by  the  President  ;

(v) two persons, nominated by the State Government ;
(vi) two  representatives  of  the  industries  to  be  nominated  by  the

President  ;

(vii) 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
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  or  the
statutes,  ordinances,  regulations  or  rules  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,  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 :––

(i) the  Vice-Chancellor  ;
(ii) two  members  of  the  Governing  Body,  nominated  by  the

sponsoring  body  ;

(iii) two  Deans  of  the  University,  by  rotation,  to  be  nominated  by

the  Vice-Chancellor  ;

(iv) three persons, who are not the members of the Governing Body,

nominated by the sponsoring body ; and

(v) 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.

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Board  of
Management.

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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
Examinations.

Constitution
powers  and
functions  of
others
authorities  of
University.

Disqualifica-
tions.

(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  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 specified by the statutes.

24.

(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, moderators and also
prepare the Schedule of Examinations and declaration of results. The Board
of Examinations 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
examinations.

(2) The  Board  of  Examinations  shall  consist  of  following  members

namely :—

(i)  the  Vice–Chancellor  –

(ii) Professor of each subject –

(iii)  one  evaluation  expert,

co-opted  by  the  Board  of
Examinations–

Chairperson  ;

Member ;

Member ;

(iv)  the  Controller  of  Examinations  –

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,—

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

court  ;

(b) has      been      convicted      of      any      offence      involving      moral

turpitude  ;

(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.

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27. No  act  or  proceedings  of  any  authority  or  body  of  the  University
Vacancies  not  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  the  person  so
appointed  or  nominated  to  fill  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.

Vacancies  not  to
invalidate
Proceeding  of
any  authority  or
body  of
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.

Committee.

(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  First
Governing Body and shall be submitted to the Government for its approval.

First statutes.

(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  the

employees,  students  and  the  University  ;

(f) the  conferment  of  honorary  degrees  ;

(g) the  provisions  regarding  exemption  of  students  from  payment

of tution 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
Governing  Body  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 the date of such publication.

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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  departments  ;

(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
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.

32.

(1) The first ordinances of the University shall be made by the Vice-
Chancellor  which,  after  being  approved  by  the  Governing  Body,  shall  be
submitted  to  the  Government  for  its  approval.

(2) Subject  to  the  provisions  of  this  Act  or  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 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  ;

First  Ordinances.

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15

(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.

33.

(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.

Subsequent
Ordinances.

(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.

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 thereunder,
for  the  conduct  of  their  own  business  and  of  the  committees  appointed  by
them.

Regulations.

35.
of  merit.

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

Admission.

(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  extra-curricular  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  the  entrance  test.

(3) Seats for admission in the University, for the students belonging to
the Scheduled Castes, Scheduled Tribes, De-notified Tribes (Vimukta Jatis),
Nomadic  Tribes,  Other  Backward  Classes  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.
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(4) Out  of  the  total  approved  intake  capacity,  seventy  per  cent.  of  the
seats shall be reserved for the students domiciled in the State of Maharashtra.

Fee  structure.

36. (1) The University may, from time to time, prepare its fee 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  may  be  prescribed,  to  review  the  fee  structure  proposals
received  from  the  University.

(3) The  Chairperson  for  the  committee  mentioned  under  sub-section
(2), shall be a retired Judge of the Supreme Court or a retired Chief Justice
of any High Court. The Chairperson of the committee shall be a person who
is recommended by the High Court at Mumbai.

(4) The  committee  shall  consider  the  fee  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

University ; and

(b) not  unreasonably  excessive.

(5) After  receipt  of  the  recommendations  under  sub-section  (4),  the
Government  if  satisfied,  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  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.

(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  organizations  or  public
trusts  or  any  other  association  of  persons,  for  opening  of  new  educational
institutions,  for  creation  of  the  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 the 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.

Prohibition  of
capitation  fee.

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17

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 :

Provided that, if for any reason whatsoever, the 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.

Schedule  of
Examinations.

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 deemed to be
invalid only for the reasons that the University has not followed the Schedule
of Examinations as stipulated in section 38 or that the University has failed to
declare  the  results  within  the  period  specified  in  sub-section  (1).

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.

Convocation.

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.

42. Notwithstanding  anything  contained  in  this  Act,  the  University
University to 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.

Accreditation.

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

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.

Annual  accounts
and audit.

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(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) Copies  of  the  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
Government  to
inspect
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
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.

Dissolution  of
University  by
sponsoring  body.

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 at least one year in advance :

Special  powers
of  State
Government  in
certain
circumstances.

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.

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 thereunder or has contravened any of the directions issued
by it under this Act or has ceased to carry out any of the undertaking 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 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 or of financial mis-management or mal-administration, it shall make
an order of such enquiry, as it may consider necessary.

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19

5  of
1908.

2  of
1974.

(3) The  Government  shall,  for  the  purpose  of  any  enquiry  under
sub­section (2), appoint an inquiry officer or officers to inquire into any of the
allegations  and  to  make  report  thereon.

(4) The 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, 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  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.

(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.

Secretary
level
committee
and
opertionaliza-
tion  of
University.

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(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  in  the Official  Gazette allowing  the
operationalization  of  the  University.

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

notification  under  sub-section  (3).

Power  to  make
rules.

49.

(1) The  Government  may,  by  notification  in  the Official  Gazette,

make rules for carry out 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
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  session  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 :
Provided  that,  no  such  order  shall  be  made  after  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, before each House of the State Legislature.

Power  to  remove
difficulty.

ON BEHALF OF GOVERNMENT PRINTING, STATIONERY AND PUBLICATION, PRINTED AND PUBLISHED BY SHRI PARSHURAM JAGANNATH GOSAVI, PRINTED
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