¨É½þÉ®úÉ¹]Åõ ¶ÉÉºÉxÉ ®úÉVÉ{ÉjÉ, +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, BÊ|É±É 10, 2018/SÉèjÉ 20, ¶ÉEäò 1940

1

RNI  No. MAHENG /2009/35528

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

´É¹ÉÇ 4, +ÆEò 28(2)]

¨ÉÆMÉ³ýý´ÉÉ®ú, BÊ|É±É 10, 2018/SÉèjÉ 20, ¶ÉEäò 1940

[ {ÉÞ¹`ä 20, ËEò¨ÉiÉ : ¯û{ÉªÉä 27.00

+ºÉÉvÉÉ®úhÉ Gò¨ÉÉÆEò 65

|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 Chhatrapati Shivaji Maharaj University, Panvel, Act, 2018 (Mah. Act No. XXXII
of 2018), is hereby published under the authority of the Governor.

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

RAJENDRA  G.  BHAGWAT,
I/c.  Secretary  (Legislation)  to  Government,
Law  and  Judiciary  Department.

MAHARASHTRA  ACT  No.  XXXII  OF  2018

(First published, after having received the assent of the Governor in the
‘‘ Maharashtra Government Gazette ’’, on the 10th April 2018)

An  Act  to  provide  for  establishment,  incorporation  and  regulation  of
Chhatrapati Shivaji  Maharaj University, Panvel,  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  establishment,  incorporation
and regulation of the Chhatrapati Shivaji Maharaj University, Panvel for the
development and advancement of higher education in the State and to provide
for  matters  connected  therewith  or  incidental  thereto ;  it  is  hereby  enacted
in the Sixty-ninth Year of the Republic of India, as follows :—

1.

(1) This  Act  may  be  called  as  the  Chhatrapati  Shivaji  Maharaj

University, Panvel, Act, 2018.

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

by  notification  in  the Official  Gazette,  appoint.

¦ÉÉMÉ  +É`ö---65--1

(1)

Short  title  and
commencement.

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Definitions.

2.

In  this  Act,  unless  the  context  otherwise  requires,—

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

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

by or under this Act;

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

constituted  under  section  22  of  this  Act;

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

established;

(v)  “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 ;

(vi) “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;

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

includes  teachers,  officers  and  other  staff  of  the  University;

(viii) “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;

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

of Maharashtra;

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

section 21 of this Act;

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

at  the  stage  of  higher  secondary  school  education ;

(xii)  “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;

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

Gazette;

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

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

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

(xvi)  “President  or  Chancellor”  means  the  Chancellor  of  the

University ;

(xvii)  “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;

¨É½þÉ®úÉ¹]Åõ ¶ÉÉºÉxÉ ®úÉVÉ{ÉjÉ, +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, BÊ|É±É 10, 2018/SÉèjÉ 20, ¶ÉEäò 1940

3

(xviii) “rules” means the rules made by the state government;

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

XXI of
1860.

(xx)  “sponsoring  body”  means  the  St.  Wilfred’s  Education  Society

registered  as  a  Society  under  the  Societies  Registration  Act,  1860;

(xxi)  “State” means State of Maharashtra;

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

(xxiii) “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;

(xxiv) “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;

(xxv)  “Teacher”  means  a  professor,  associate  professor,  assistant
professor,  adjunct  professor  or  any  other  person  required  to  impart
education or to guide research or to render guidance in any form to the
students for pursuing a course of study of the University;

(xxvi)  “University”  means the  Chhatrapati  Shivaji  Maharaj

University,  Panvel.

3.

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

Incorporation.

Chhatrapati Shivaji Maharaj University, Panvel.

(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 Chhatrapati Shivaji Maharaj University, Panvel.”.

(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  Old

Mumbai-Pune Highway, Near Shedung Toll Naka, Panvel.

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  make  provisions  for  research;

¦ÉÉMÉ  +É`ö---65--1+

Objects of
University.

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(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 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.

73 of
1993.

3 of 1956.

8 of 1948.

25 of 1961.

Powers
and
Functions.

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;

¨É½þÉ®úÉ¹]Åõ ¶ÉÉºÉxÉ ®úÉVÉ{ÉjÉ, +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, BÊ|É±É 10, 2018/SÉèjÉ 20, ¶ÉEäò 1940

5

(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  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;

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(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.

University
open to all.

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,  or  political  or  other  opinion;

(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.

University to be
self-financed.

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

receive  any  grant  or  other  financial  assistance  from  the  Government.

¨É½þÉ®úÉ¹]Åõ ¶ÉÉºÉxÉ ®úÉVÉ{ÉjÉ, +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, BÊ|É±É 10, 2018/SÉèjÉ 20, ¶ÉEäò 1940

7

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.

Endowment
Fund.

(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 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.

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

Application
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. Following  shall  be  the  officers  of  the  University,  namely :—

(i)  the  President;

(ii)  the  Vice-Chancellor;

(iii) 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.

Officers  of  the
University.

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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  undercharged  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.

Vice-Chancellor.

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:

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.

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(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.

(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  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

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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 and forward reports thereon to the Academic Council.

(5)  Controller  of  Examination  shall  exercise  such  other  power  and

perform such other duties as may be prescribed or assigned to him.

Chief  Finance
and  Accounts
Officer.

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.

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19.

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

Other   Officers.

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 :—

Authorities of
University.

(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

Governing Body.

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
liquidation of the University if a situation arises when smooth functioning
of the  University does not  remain possible,  inspite of all  efforts; and

(f) such other powers as may be prescribed by the statutes.

(4) The Governing Body shall meet at least thrice in a calendar year.

(5) The quorum for meetings of the Governing Body shall be five.

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Board of
Management.

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.

Board of
Examination.

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

Academic  Council.

(3)  The  Academic  Council  shall  be  the  principal  academic  body  of  the
University  and  shall,  subject  to  the  provisions  of  this  Act  and  the  rules,
statutes 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  dates  of  holding  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
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;

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13

(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,—

Other
Authorities.

Dis-
qualifications.

(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.

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.

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

employees,  students  and  the  University;

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(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
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.

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15

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.

First
ordinance.

(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;

(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 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.

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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 thereunder,  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.

No  Liability  to
reimburse
fees.

36.

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.

Prohibition of
capitation fee.

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  organization  or  public
trusts  or  any  other  association  of  persons,  for  opening  of  new  educational
institutions or 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  Fees)  Act,  1987.

Mah. VI
of 1988.

Schedule of
examinations.

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.

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17

Provided that,  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,  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 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.

Accreditation
of the
University.

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.

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

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.

Annual report.

(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.

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  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
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
the 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:

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 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.

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19

5 of
1908.

2 of
1974.

(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  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,  1908  while  trying  a  suit  in  respect  of  the  following  matters,
namely :—

  (a)  summoning  and  enforcing  the  attendance  of  any  person  and

examining him on  oath;

(b) requiring the discovery and production of any such document or

any other material as may be 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.

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Secretary level
committee and
opertionalization
of  University.

Power of
Government to
inspect.

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).

(5) Contravention of the provision of sub-section (4) shall be an offence.
Every  Person  committing  such  offence  shall  on  conviction  be  punished  with
fine which shall not be less than two lakhs rupees.

49. The  Secretary  Level  Committee  established  under  sub-section  (1)
of  section  48  may  cause  an  inspection  to  be  made  of  the  University  as  and
when  directed  by  the  Government  and  verify  and  ensure  compliance  of  the
requirements of the guidelines relating to the establishment of self-financed
universities  and of  the  compliance of  the  provisions of  the  relevant laws  for
the time being in force.

Power to
make Rules.

50.

(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
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  any  such  modification  or  annulment  shall  be  without  prejudice  to
the  validity  of  anything  previously  done  or  omitted  to  be  done  thereunder.

Power to
remove
difficulties.

51.

(1)  If  any  difficulty  arises  in  giving  effect  to  the  provisions  of  this
Act,  the  Government  may,  as  occasion  arises,  by  an  order  published  in  the
Official Gazette, do anything not inconsistent with the provisions of this Act,
which appears to it to be necessary or expedient for removing the difficulty :

Provided that, no such order shall be made after the expiry of the period

of two year 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
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