GOVERNMENT OF MAHARASHTRA

LAW  AND  JUDICIARY  DEPARTMENT

MAHARASHTRA  ACT  No.  XX  OF  1989.

THE YASHWANTRAO CHAVAN MAHARASHTRA OPEN

UNIVERSITY  ACT,  1989.

(  As  modified  upto  the  22nd  April  2013  )

*

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PRINTING,  STATIONERY  AND  PUBLICATIONS,  MAHARASHTRA  STATE,
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1989 : Mah. XX ]

(i)

YASHWANTRAO CHAVAN MAHARASHTRA OPEN UNIVERSITY
ACT,  1989

CONTENTS

PREAMBLE.

SECTIONS.

1.

Short  title  and  commencement.

2. Definitions.

3. Establishment  and  incorporation  of  University.

4. Objects  of  University.

5.

6.

Powers of University.

Jurisdiction.

7. University  open  to  all  classes,  castes  and  creeds.

8. Chancellor  and  his  powers.

9. Officers of University.

10. Vice-Chancellor.

10A.

Pro-Vice-Chancellor.

11. Director.

11A. Controller  of  Examinations.

12. Registrar.

13.

Finance Officer.

14. Other officers.

15. Authorities  of  University.

15A.

Power of Government to specify eligibility conditions for being member of any
authority  of  University.

16. Board  of  Management.

17. Academic  Council.

18.

19.

Planning  Board.

Finance  Committee.

19A. Board  of  Examinations.

19B. Board  of  University  Teaching  and  Research.

20. Other  authorities.

21.

Statutes.

H  235-1

(ii)

Yashwantrao Chavan Maharashtra Open University Act, 1989 [1989 : Mah. XX

22.

Statutes  how  made.

23. Ordinances.

24. Regulations.

25. University  Fund.

26. Annual financial estimates.

27. Annual  accounts  and  its  audit.

28. Annual  report.

29.

Financial control of State Government.

30. Conditions  of  service  of  employees.

30A.

Special provision for Scheduled Castes, Scheduled Tribes and Other Backward
Classes  in  services  and  posts  in  University.

31. Tribunal  of  Arbitration.

32. Delegation  of  powers.

33. Disputes  as  to  constitution  of  University  authorities  and  bodies.

34.

Filling  of  casual  vacancies.

35.

Proceedings  of  University  authorities  or  bodies  not  invalidated  by  vacancies.

36. Authorities  and  officers  responsible  for  damage.

37.

Protection  of  action  taken  in  good  faith.

38. Mode  of  proof  of  University  record.

39.

Power  to  remove  difficulties.

40. Transitional  provisions.

THE FIRST SCHEDULE.— THE OBJECTS OF THE UNIVERSITY.

THE SECOND SCHEDULE.— STATUTES OF THE UNIVERSITY.

MAHARASHTRA   ACT    No.   XX  OF  1989 1

[THE   YASHWANTRAO CHAVAN  MAHARASHTRA OPEN  UNIVERSITY
  ACT,  1989 ]

(This  Act  received  the  assent  of  the  Governor  on  the  29th  April  1989;
assent  was  first  published  in  the  Maharashtra  Government  Gazette,
Part  IV,  on  the  2nd  May  1989)

Amended  by  Mah.  I  of  1993  (15-4-1993)*

Amended  by  Mah.  12  of  2003  (9-4-2003)*

Amended  by  Mah.  14  of  2009  (25-5-2009)*

An  Act  to  establish  and  incorporate  an  Open  University  in  the  State  of  Maharashtra  for  the
introduction  and  promotion  of  the  Open  University  and  distance  education  system
in  the  Educational  Pattern  of  the  State.

WHEREAS  it  is  expedient  to  enact  a  law  to  establish  and  incorporate  an  Open
University  in  the  State  of  Maharashtra  for  the  introduction  and  promotion  of  the
Open  University  and  distance  education  system  in  the  educational  pattern  of  the  State
of  Maharashtra,  as  a  measure  in  the  decentralisation  and  reorganisation  of  University
education  in  that  State  and  to  provide  for  matters  connected  therewith  or  supplemental
or  incidental  thereto;  It  is  hereby  enacted  in  the  Fortieth  Year  of  the  Republic  of
India  as  follows  :--

1. (1) This  Act  may  be  called  the  Yashwantrao  Chavan  Maharashtra  Open  University

Act,  1989.

(2) It  shall  come  into  force  on  such  date2  as  the  State  Government  may,  by

notification  in  the Official  Gazatte, appoint.

Short  title
and
commence-
ment.

2. In  this  Act,  and  the  Statutes  made  thereunder,  unless  the  context  otherwise

Definitions.

requires,—

(1)  “Academic  Council”  means  the  Academic  Council  of  the  University ;

(2)  “Authorities”  means  the  authorities  of  the  University  specified  in  section  15

as  the  context  may  require ;

(3)  “Board  of  Management”  means  the  Board  of  Management  of  the  University ;

(4)  “Chancellor”  means  the  Chancellor  of  the  University ;

(5)  “distance  education  system”  means  the  system  of  imparting  education  through
any  means  of  communication  such  as  broadcasting,  telecasting,  correspondence
courses,  seminars,  contact  programmes  or  the  combination  of  any  two  or  more  of
such  means ;

(6)  “employee”  means  any  person  appointed  by  the  University,  and  includes

teachers  and  other  academic  staff  of  the  University ;

1 For  Statement  of  Objects  and  Reasons, see Maharashtra  Government  Gazette, Part V,  Extra-

ordinary, Page 153.

2 1st  July,  1989  (vide  G.  N.,  E.  and  E.  D.,  No.  UON/1489/8060/UNI.  3-Cell,  dated  28th  June,
1989  published  in  the Maharashtra  Government  Gazette, Part  IV-B,  dated  27th  July,  1989  at
page 879).

*  This  indicates  the  date  of  commencement  of  the  Act.

2

Yashwantrao Chavan Maharashtra Open University
Act, 1989

[1989 : Mah.  XX

(7) “Finance  Committee”  means  the  finance  Committee  of  the  University  as

constituted  under  section  19 ;

1[(7-a)  “Other  Backward  Classes”  means  and  includes  such  classes  or  parts  of  or
groups  within  such  classes,  as  are  declared,  from  time  to  time,  by  the  State
Government  to  be  Other  Backward  Classes  ;]

(8)  “Planning  Board”  means  the  Planning  Board  of  the  University  as  constituted

under  section  18 ;

(9)  “prescribed”  means  prescribed  by  the  Statutes,  Ordinances,  regulations  or

rules  made  under  this  Act ;

(10)  “recognised  institution”  means  an  institution  established  for  research  or

specialised  studies  and  recognised  to  be  so  by  the  University ;

(11)  “regional  centre”  means  a  centre  established  or  maintained  by  the  University
for  the  purpose  of  co-ordinating  and  supervising  the  work  of  study  centres  in  any
region  and  for  performing  such  other  functions  as  may  be  conferred  on  such  centre
by  the  Board  of  Management ;

(12)  “regulations”  means  the  regulations  made  by  any  authority  of  the  University

under  this  Act ;

(13)  “Scheduled  Castes”  means  such  castes,  races  or  tribes  or  parts  of,  or  groups
within,  such  castes,  races  or  tribes  as  are  deemed  to  be  Scheduled  Castes  in  relation
to  the  State  of  Maharashtra  under  article  341  of  the  Constitution  of  India  and,  for
the  purposes  of  this  Act,  includes Nav-Boudhas ;

(14)  “Scheduled  Tribes”  means  such  tribes  or  tribal  communities  or  parts  of  or
groups  within,  such  tribes  or  tribal  communities  as  are  deemed  to  be  Scheduled
Tribes  in  relation  to  the  State  of  Maharashtra  under  article  342  of  the  Constitution
of  India  residing  in  any  part  of  the  State  of  Maharashtra  and,  for  the  purposes  of
this  Act,  includes  denotified  and  nomadic  tribes ;

(15)  “school”  means  a  school  of  studies  of  the  University ;

(16)  “Statutes”  and  “Ordinances”  means,  respectively,  the  Statutes  and  Ordinances

of  the  University ;

(17)  “student”  means  a  student  of  the  University,  and  includes  any  person  who

has  enrolled  himself  for  pursuing  any  course  of  study  of  the  University ;

(18)  “study  centre”  means  a  centre  established,  maintained  or  recognised  by  the
University  for  the  purpose  of  advising,  counselling,  evaluating  or  for  rendering  any
other  assistance  required  by  the  students ;

(19)  “teachers”  means  professors,  readers,  lecturers  and  such  other  persons  as  may
be  designated  by  the  Ordinances  for  imparting  instruction  in  the  University  or  for
giving  guidance  or  rendering  assistance  to  students  for  pursuing  any  course  of
study  of  the  University ;

(20)  “University”  means  the  Yashwantrao  Chavan  Maharashtra  Open  University

established  under  section  3 ;

(21)  “Vice-Chancellor”  means  the  Vice-Chancellor  of  the  University.

1. Clause (7-a) was  inserted  by  Mah.  7  of  1993,  s.  14.

Establish-
ment  and
incorpora-
tion  of
University.

Objects  of
University.

Powers  of
University.

1989 : Mah.  XX ]

Yashwantrao Chavan Maharashtra Open University
Act, 1989

3

3.

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

Chavan  Maharashtra  Open  University”.

(2)  The  headquarters  of  the  University  shall  be  located  at  Nashik;  and  the  University
may  establish,  maintain  or  recognise  institutes,  schools,  regional  centres  and  study
centres  at  such  other  places  in  the  State  as  it  may  deem  fit.

(3)  The  first  Vice-Chancellor  and  the  first  members  of  the  Board  of  Management,
the  Academic  Council  and  the  Planning  Board  and  all  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  Yashwantrao  Chavan  Maharashtra  Open  University;  and  such  body  corporate  shall
have  perpetual  succession  and  a  common  seal  and  may  sue  and  be  sued  by  the  said
name.

4. The  objects  of  the  University  shall  be  to  advance  and  disseminate  learning  and
knowledge  by  a  diversity  of  means,  including  the  use  of  any  communication  technology,
to  provide  opportunities  for  higher  education  to  a  larger  segment  of  the  population  and
to  promote  the  educational  well  being  of  the  community  generally,  to  encourage  the
Open  University  and  distance  education  systems  in  the  educational  pattern  of  the  State
and  the  University  shall,  in  organising  its  activities,  have  due  regard  to  the  objects
specified  in  the  First  Schedule.

5.

(1)  The  University  shall  have  the  following  powers,  namely  :—

(i)  to  provide  for  instruction  in  such  branches  of  knowledge, technology,  vocations
and  professions  as  the  University  may  determine  from  time  to  time  and  to  make
provision  for  research  and  extension ;

(ii)  to  plan  and  prescribe  courses  of  study  of  degrees,  diplomas,  certificates  or

for  any  other  purpose ;

(iii)  to  hold  examination and  confer degrees,  diplomas, certificates  or other  academic
distinctions  or  recognitions  on  persons  who  have  pursued  a  course  of  study  or
conducted  research  in  the  manner  laid  down  by  the  Statutes  and  Ordinances ;

(iv)  to  confer  honorary  degrees  or  other  distinctions  in  the  manner  laid  down  by

the  Statutes ;

(v)  to determine  the manner  in which  distance education  in  relation  to  the  academic

programmes  of  the  University  may  be  organised ;

(vi)  to  institute  professorships,  readerships,  lecturerships,  and  other  academic
positions  necessary  for  imparting  instruction  or  for  preparing  educational  material  or
for  conducting  other  academic  activities,  including  guidance,  designing  and  delivery
of  course  and  evaluation  of  the  work  done  by  the  students  and  to  prescribe  their
qualifications ;

(vii)  to  appoint  or  recognise  presons  as  teachers ;

(viii)  to  co-operate  with,  and  seek  the  co-operation  of,  other  universities  and
institutions  of  higher  learning,  professional  bodies  and  organisations  for  such
purposes  as  the  University  considers  necessary ;

4

Yashwantrao Chavan Maharashtra Open University
Act, 1989

[1989 : Mah.  XX

(ix)  to  hold  and  manage  trusts  and  endowments  and  institute  and  award
fellowships,  scholarships,  medals,  prizes  and  such  other  awards  for  recognition  of
merit  as  the  University  may  deem  fit ;

(x)  to  establish,  maintain  or  recognise  such  regional  centres  as  may  be  determined

by  the  University  from  time  to  time ;

1[(xa)  to  start  or  conduct  a  sub-centre  or  study  centre  in  any  territory  outside  the

State  of  Maharashtra,  with  the  approval  of  the  Government  cencerned ;

(xb)  to  undertake  academic  collaboration  programmes  with  Universities  and
Institutions  abroad,  with  the  approval  of  the  State  Government,  and  if  necessary,  of
the  Central  Government ;]

(xi)  to  establish,  maintain  or  recognise  study  centres  in  the  manner  laid  down  by

the  Statutes ;

(xii)  to  provide  for  the  preparation  of  instructional  materials,  including  films,

cassettes,  tapes,  video  cassettes  and  other  software ;

(xiii)  to  organise  and  conduct  refresher  courses,  workshops,  seminars  and  other

programmes  for  teachers,  lesson  writers,  evaluators  and  other  academic  staff  ;

(xiv)  to  recognise  examinations  of,  or  periods  of  study  (whether  in  full  or  part)
at,  other  universities,  institutions  or  other  places  of  higher  learning  as  equivalent  to
examinations  or  periods  of  study  in  the  University,  and  to  withdraw  such  recognition
at  any  time  ;

(xv)  to  make  provision  for  research  and  development  in  educational  technology

and  matters  related  thereto  ;

(xvi)  to  create  administrative,  ministerial  and  other  necessary  posts  and  to  make

appointments  thereto  ;

(xvii)  to  receive  benefications,  donations,  and  gifts  for  educational  and  other

social  or  national  causes  and  maintain  proper  accounts  thereof  ;

(xviii)  to  acquire  and  hold  property  both  moveable  and  immoveable,  to  lease,  sell
or otherwise  transfer  or  dispose  of  any  moveable  or immoveable  property,  which  may
vest  in,  or  be  acquired  by  it,  for  the  purposes  of  the  University,  and  to  contract  and
do  all  other  things  necessary  for  the  purposes  of  this  Act  :

Provided  that,  no  such  lease,  sale  or  transfer  of  immoveable  property  shall  be

made  without  the  prior  consent  of  the  State  Government  :

Provided  further  that,  where  the  State  Government  is  satisfied  that  any  such
property  should,  in  the  interest  of  the  University,  be  given  on  lease,  sold  or  other-
wise  transferred  or  disposed  of,  the  State  Goernment  shall  issue  necessary  directions
to  the  University  and  the  University  shall  comply  with  such  directions  forthwith ;
(xix)  to  borrow,  with  the  approval  of  the  State  Government,  whether  on  the
security  of  the  property  of  the  University  or  otherwise,  money  for  the  purposes  of
the  University  ;

(xx)  to  enter  into,  carry  out,  vary  or  cancel  contracts  ;
(xxi)  to  demand  and  receive  such  fees  and  other  charges,  as  may  be  laid  down

by  the  Ordinances  ;

(xxii)  to  provide,  control  and  maintain  discipline  among  the  students  and  all
categories  of employees  and  to  lay  down  the  conditions  of  service  of such  employees
and  their  code  of  conduct  ;

(xxiii)  to  recognise  any  institution  of  higher  learning  or  studies  for  such  purposes

as  the  University  may  determine  and  to  withdraw  such  recognition  ;

(xxiv)  to  appoint,  either  on  contract,  or  otherwise,  visiting  professors,  emeritus
professors,  consultants,  fellows,  scholars,  artists,  course  writers,  and  such  other
persons  who  may  contribute  to  the  advancement  of  the  objects  of  the  Uiversity  ;

1 Clauses (xa) and (xb) were  inserted  by  Mah.  12  of  2003,  s.  2.

1989 : Mah.  XX ]

Yashwantrao Chavan Maharashtra Open University
Act, 1989

5

(xxv)  to  recognise  persons working  in  other  universities,  institutions  or  organisa-
tions  as  teachers  on  such  terms  and  conditions  as  may  be  laid  down  by  the
Ordinances  ;

(xxvi)  to  determine  standards  and  to  specify  conditions  for  the  admission  of
students  to  course  of  study  of  the  University  which  may  include  examination,
evaluation  and  any  other  method  of  testing  ;

(xxvii)  to  make  arrangements  for  the  promotion  of  the  general  health  and  welfare

of  the  employees  ;

(xxviii)  to  do  all  such  other  acts  as  may  be  necessary  or  incidental  to  the  exercise
of  all  or  any  of  the  powers  of  the  University  and  conducive  to  the  promotion  of
all  or  any  of  the  objects  of  the  University.
(2) Notwithstanding  anything  contained  in  any  other  law  for  the  time  being  in  force
but  without  prejudice  to  the  provisions  of  sub-section  (1),  it  shall  be  the  duty  of  the
University  to  take  all  such  steps  as  it  may  deem  fit  for  the  promotion  of  the  Open
University  and  distance  education  systems  in  the  State  and  for  the  determination  of
standards  of  teaching,  evaluation  and  research  in  such  systems.

6. The  University  shall,  in  the  exercise  of  its  powers,  have  jurisdiction  over  the

whole  of  the  State  of  Maharashtra  :

1[Provided  that,  the  University  may,  in  the  interest  of  promotion  of  Open  University
and  distance  education  system  in  the  educational  pattern  of  the  State,  with  the  prior
permission  of  the  State  Government  and  Government  of  India,  open  its  sub-centres  or
study  centres  outside  India.]

7.

(1)  The  University  shall  be  open  to  persons  of  either  sex  and  of  whatever  race,
creed,  caste  or  class  and  it  shall  not  be  lawful  for  the  University  to  adopt  or  impose
on  any  person  any  test  whatsoever  of  religious  belief  or  profession  or  political  or  other
opinion  in  order  to  entitle  him  to  be  appointed  as  a  teacher  of  the  University  or  to
hold  any  other  office  therein  or  admitted  as  a  student  in  the  University  or  to  graduate
thereat,  or  to  enjoy  or  exercise  any  privilege  thereof.

(2)  Nothing  in  sub-section  (1)  shall  be  deemed  to  prevent  the  University  from
making  any  special  provisions  for  the  appointment  or  admission  of  women  or  of
persons  belonging  to  the  weaker  sections  of  the  society,  and  in  particular,  of  persons
belonging  to  the  Scheduled  Castes 2[,  Scheduled  Tribes  and  Other  Backward  Classes],
in  accordance with  the directives,  if any,  given from  time to  time by  the State  Government.
8.
(1)  The  Governor  of  Maharashtra  shall  be  the  Chancellor  of  the  University.
(2)  The  Chancellor  shall  be  competent  to  call  from  time  to  time  such  information
or  records  relating  to  any  affairs  of  the  University,  and  the  Vice-Chancellor  shall
furnish  the  same.  It  shall  also  be  lawful  for  the  Chancellor,  after  perusal  of  such
information  or records,  to give  in the  interest of  the University  such directives  to the  Vice-
Chancellor,  or  as  he deems  fit,  and  the Vice-Chancellor  shall comply  with such  directives.
(3)  Subject  to  the  provisions  of  sub-sections  (4)  and  (5),  the  Chancellor  shall  have
the  right  to  cause  an  inspection  to  be  made,  by  such  person  or  persons  as  he  may
direct,  of  the  University,  its  buildings,  laboratories  and  equipment  and  of  any  regional
centre  or  a  study  centre  and  also  of  the  examination,  instruction  and  other  work
conducted or  done  by  the  University,  and  to  cause an  inquiry  to  be  made  in  like  manner
in  respect  of  any  matter  connected  with  the  administration  and  finances  of the  University.
(4)  The  Chancellor  shall,  in  every  case,  give  notice  to  the  University  of  his
intention  to  cause  an  inspection  or  inquiry  to  be  made  and  the  University  shall,  on
receipt  of  such  notice,  have  the  right  to  make,  within  thirty  days  from  the  date  of
receipt  of  the  notice  or  such  other  period  as  the  Chancellor  may  determine,  such
representation  to  him  as  it  may  consider  necessary.

1.  This  proviso  was  added  by  Mah.  12  of  2003,  s.  3.
2.  These  words  were  substituted  for  the  words  “or  Scheduled  Tribes”  by  Mah.  7  of  1993,  s.  15

Jurisdiction.

University
open  to  all
classes,
castes  and
creeds.

Chancellor
and  his
powers.

6

Yashwantrao Chavan Maharashtra Open University
Act, 1989

[1989 : Mah.  XX

(5)  After  considering the  representation, if  any, made  by  the  University, the  Chancellor
may  cause  to  be  made  such  inspection  or  inquiry  as  is  referred  to  in  sub-section  (3).
(6) Where  an  inspection  or  inquiry  has  been  caused  to  be  made  by  the  Chancellor,
the  University  shall  be  entitled  to  appoint  a  representative  who  shall  have  the  right
to  appear  in  person  and  to  be  heard  at  such  inspection  or  inquiry.

(7)  The  Chancellor  may  address  the  Vice-Chancellor  with  reference  to  the  result  of
such  inspection  or  inquiry  together  with  such  views  and  advice  with  regard  to  the
action  to  be  taken  thereon  as  the  Chancellor  may  be  pleased  to  offer  and  on  receipt
of  the  address  made  by  the  Chancellor,  the Vice-Chancellor  shall  communicate  forthwith
to  the  Board  of  Management  the  result  of  the  inspection  or  inquiry  and  the  views  of
the  Chancellor  and  the  advice  tendered  by  him  upon  the  action  to  be  taken  thereon.
(8)  The  Board  of  Management  shall  communicate  through  the  Vice-Chancellor  to
the  Chancellor  such  action,  if  any,  as  it  proposes  to  take  or  has  been  taken  by  it  on
the  result  of  such  inspection  or  inquiry.

(9)  Where  the  Board  of  Management  does  not  take  action  to  the  satisfaction  of  the
Chancellor  within  a  time  limit  fixed  by  the  Chancellor,  the  Chancellor  may,  after
considering  any  explanation  furnished  or  representation  made  by  the  Board  of
Management,  issue  such  directions  as  he  may  think  fit  and  the  Board  of  Management
shall  be  bound  to  comply  with  such  directions.

(10)  Without  prejudice  to  the  foregoing  provisions  of  this  section,  the  Chancellor
may,  by  an  order  in  writing  annul,  suspend  or  modify  any  resolution,  order  or
proceedings  of  the  University  which  is  not  in  conformity  with  this  Act,  the  Statutes
or  the  Ordinances  or  is  not  in  the  interest  of  the  University  :

Provided  that,  before  making  any  such  order,  he  shall  call  upon  the  University  to
show  cause  why  such  an  order  should  not  be  made  and  if  any  cause  is  shown  within
a  time  limit  fixed  by  the  Chancellor,  he  shall  consider  the  same.

(11)  The  Chancellor  shall  have  such  other  powers  as  may  be  specified  by  the

Statutes.

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

(1)  The  Vice-Chancellor  ;
1[(1A)  The  Pro-Vice-Chancellor  ;]
(2)  The  Directors  ;
2[(2A)  The  Controller  of  Examinations  ;]
(3)  The  Registrars  ;
(4)  The  Finance  Officers  ;  and
(5)  Such  other  officers  as  may  be  declared  by  the  Statutes  to  be  officers  of  the

University.
10.

3[(1)  The  Vice-Chancellor  shall  be  appointed  by  the  Chancellor  in  the  manner

stated  hereunder  :—

(a) There  shall  be  a  Committee consisting  of the  following  members to  recommend
suitable  names  to  the  Chancellor  for  appointment  of  Vice-Chancellor,  namely  :—
(i) a  member  nominated  by  the  Chancellor,  who  shall  be  the  retired  Judge  of
the  Supreme  Court  or  retired  Chief  Justice  of  a  High  Court  or  an  eminent
scientist  of  national  repute  or  a  recipient  of Padma Award  in  the  field  of
education  ;

1   This  clause  was  inserted  by  Mah.  12  of  2003,  s.  4  (a).
2   This  clause  was  inserted, ibid.,  s.  4  (b).
3   Sub-sections (1)  to  (1F) were  substituted  for  sub-section (1) by  Mah.  14  of  2009,  s.  2.

Officers  of
University.

Vice-
Chancellor.

1989 : Mah.  XX ]

Yashwantrao Chavan Maharashtra Open University
Act, 1989

7

(ii) the  Principal  Secretary  of  Higher  and  Technical  Education  Department  or
any  officer  not  below  the  rank  of  Principal  Secretary  to  Government,  nominated
by  the  State  Government  ;

(iii) the  Director  or  Head  of  an  institute  or  organisation  of  national  repute,
such  as,  Indian  Institute  of  Technology,  Indian  Institute  of  Management,  Indian
Institute  of  Science,  Indian  Space  Research  Organisation  or  National  Research
Laboratory,  nominated  by  the  Board  of  Management  and  the  Academic  Council,
jointly,  in  the  manner  specified  by  the  State  Government  by  an  order  published
in  the Official  Gazette  ;
(b) The  member  nominated  by  the  Chancellor  shall  be  the  Chairman  of  the

Committee  ;

(c) The  members  nominated  shall  be  the  persons  who  are  not  connected  with  the

University  ;

(d) No  meeting  of  the  Committee  shall  be  held  unless  all  the  three  members  of

the  Committee  are  present.
(1A) The  process  of  preparing  a  panel  shall  begin  at  least  three  months  before  the
probable  date  of  occurrence  of  the  vacancy  of  the  Vice-Chancellor  and  shall  be
completed  within  the  time  limit  fixed  by  the  Chancellor.  The  Chancellor  however,
may,  extend  such  time  limit  if  in  the  exigency  of  the  circumstances  it  is  necessary
so  to  do,  so  however  that  the  period  so  extended  shall  not  exceed  three  months  in
the  aggregate.

(1B) The  term  of  the  Vice-Chancellor,  his  emoluments  and  other  conditions  of

service,  shall  be  such  as  may  be  prescribed  by  the  Statutes.

(1C) The  Committee  shall  recommend  a  panel  of  not  less  than  five  suitable  persons
for  the  consideration  of  the  Chancellor  for  being  appointed  as  the  Vice-Chancellor.
The  names  so  recommended  shall  be  in  alphabetical  order  without  any  preference
being  indicated.  The  report  shall  be  accompanied  by  a  detailed  write  up  on  suitability
of  each  person  included  in  the  panel.

(1D) A  person  for  being  recommended  by  the  Committee  for  appointment  as  a  Vice-

Chancellor  shall,—

(a) be  an  eminent  academician  or  an  administrator  of  high  caliber  ;
(b) be  able  to  provide  leadership  by  his  own  example  ;
(c) be  able  to  provide  vision  and  have  ability  to  translate  the  same  into  reality

in  the  interest  of  students  and  society  ;  and

(d) possess  such  educational  qualifications  and  experience  as  may  be  specified
by  the  Government,  by  an  order  published  in  the Official  Gazette, in  consultation
with  the  Chancellor.
(1E) The  eligibility  conditions  and  the  process  for  recommendation  of  names  for
appointment  as  Vice-Chancellor  shall  be  given  wide  publicity  to  ensure  the
recommendation  of  most  suitable  candidates.

(1F) If  the  Chancellor  does  not  approve  of  any  of  the  persons  recommended  under
sub-section (1C), he  may  constitute  the  Committee  if  he  deems  fit  and  call  for  fresh
recommendations.]

(2)  The  Vice-Chancellor  shall  be  the  principal  academic  and  executive  officer  of
the  university,  and  shall  exercise  supervision  and  control  over  the  affairs  of  the
University  and  give  effect  to  the  decisions  of  all  the  authorities  of  the  University.
H  235-2

8

Yashwantrao Chavan Maharashtra Open University
Act, 1989

[1989 : Mah.  XX

(3)  Notwithstanding  anything  contained  in  this  Act,  the  Vice-Chancellor  may,  if  he
is  of  the  opinion  that  immediate  action  is  necessary  on  any  matter,  exercise  any  power
conferred  on  any  authority  of  the  University  by  or  under  this  Act  and  shall  report  to
such  authority  the  action  taken  by  him  on  such  matter  in  its  next  meeting  :

Provided  that,  if  the  authority  concerned  is  of  the  opinion  that  such  action  ought
not  to  have  been  taken,  it  may  refer  the  matter  to  the  Chancellor  whose  decision
thereon  shall  be  final  :

Provided  further  that,  any  person  in  the  service  of  the  University  who  is  aggrieved
by  the  action  taken  by  the  Vice-Chancellor  under  this  sub-section  shall  have  the  right
to  appeal  against  such  action  to  the  Board  of  Management  within  ninety  days  from
the  date  on  which  such  action  is  communicated  to  him  and  thereupon  the  Board  of
Management  may  confirm,  modify  or  reverse  the  action  taken  by  the  Vice-Chancellor.

(4)  Nothwithstanding  anything  contained  in  this  Act,  the  Vice-Chancellor,  if  he  is
of  the  opinion  that  any  decision  of  any  authority  is  beyond  the  powers  of  the
authority  conferred  on  it  by  the  provisions  of  this  Act,  Statutes  or  Ordinances  or  that
any  decision  taken  is  not  in  the  interest  of  the  University,  may  ask  the  authority
concerned  to  review  its  decision  within  sixty  days  of  such  decision  and  if  the
authority  refuses  to  review  its  decision  either  in  whole  or  in  part  as  directed  by  the
Vice-Chancellor  or  no  decision  is  taken  by  it  within  the  said  period  of  sixty  days,  the
matter  shall  be  referred  to  the  Chancellor  whose  decision  thereon  shall  be  final  :

Provided  that,  the  decision  of  the  authority  concerned  shall  remain  suspended
during  the  period  of  review  of  such  decision  by  the  authority  or  the  Chancellor,  as
the  case  may  be,  under  this  sub-section.

(5)  The  Vice-Chancellor  shall  exercise  such  other  powers  and  perform  such  other

functions  as  may  be  prescribed  by  the  Statues  and  the  Ordinances.

Pro-Vice-
Chancellor.

1[10A. The  Pro-Vice-Chancellor  shall  be  appointed  by  the  Vice-Chancellor  in
such  manner,  for  such  terms  and  on  such  emoluments  and  other  conditions  of  service
and  shall  exercise  such  powers  and  perform  such  functions,  as  may  be  prescribed  by
the  Statutes.]

Director.

11. The  Director  shall  be  appointed  in  such  manner,  on  such  emoluments  and
other  conditions  of  service,  and  shall  exercise  such  powers  and  perform  such  functions,
as  may  be  prescribed  by  the  Statutes.

Controller  of
Examinations.

2[11A. The  Controller  of  Examinations  shall  be  appointed  by  the  Vice-Chancellor
in  such  manner,  for  such  terms  and  on  such  emoluments  and  other  conditions  of
service  and  shall  exercise such  powers and  perform  such  functions,  as  may  be  prescribed
by  the  Statutes.]

Registrar.

12.

(1)  The  Registrar  shall  be  appointed  in  such  manner,  on  such  emoluments  and

other  conditions  of  service  as  may  be  prescribed  by  the  Statutes.

(2)  A  Registrar  empowered  by  the  Board  of  Management  shall  have  the  power  to
enter  into  and  sign,  agreements  and  authenticate  records  on  behalf  of  the  University.

(3)  Every  Registrar  shall  exercise  such  powers  and  perform  such  functions  as  may

be  prescribed  by  the  Statutes.

1 This  section  was  inserted  by  Mah.  12  of  2003,  s.  5.
2  This  section  was  inserted, ibid.,  s.  6.

1989 : Mah.  XX ]

Yashwantrao Chavan Maharashtra Open University
Act, 1989

9

13. The  Finance  Officer  shall  be  appointed  in  such  manner,  on  such  emoluments
and  other  conditions  of  service  and  shall  exercise  such  powers  and  perform  such
functions  as  may  be  prescribed  by  the  Statutes.

14. The  manner  of  appointment,  emoluments,  powers  and  duties  of  the  other

officers  of  the  University  shall  be  such  as  may  be  prescribed  by  the  Statutes.

Finance
officer.

Other
officers.

15. The  following  shall  be  the  authorities  of  the  University,  namely  :—

(1)  The  Board  of  Management  ;
(2)  The  Academic  Council  ;
(3)  The  Planning  Board  ;
(4)  The  Finance  Committee  ;
1[(4A)  The  Board  of  Examinations  ;
(4B)  The  Board  of  University  Teaching  and  Research  ;]
(5)  Such  other  authorities  as  may  be  declared  by  the  Statutes  to  be  the  authorities

of  the  University.
2[15A. Notwithstanding  anything  contained  in  any  other  provisions  of  this  Act,  in
consultation  with  the  Chancellor,  the  State  Government  may,  by  an  order  published
in  the Official  Gazette, specify  the  eligibility  conditions  for  being  appointed  or
nominated  as  a  member  of  any  authority  of  the  University.]

(1)  The  Board  of  Management  shall  be  the  principal  executive  body  of  the

16.
University.

(2)  The  constitution  of  the  Board  of  Management,  the  term  of  office  of  its  members

and  its  powers  and  functions  shall  be  such  as  may  be  prescribed  by  the  Statutes.

17.

(1)  The  Academic  Council  shall  be  the  principal  academic  body  of  the
University  and  shall,  subject  to  the  provisions  of  this  Act,  the  Statutes  and  Ordinances,
have  the  control  and  general  regulation  of,  and  be  responsible  for,  the  maintenance
of  standards  of  learning,  education,  instruction,  evaluation  and  examination  within  the
University  and  shall  exercise  such  powers,  and  perform  such  other  function  as  may  be
conferred  or  imposed  upon  it  by  the  Statutes.

(2)  The  constitution  of  the  Academic  Council  and  the  term  of  office  of  its  members

shall  be  such  as  may  be  prescribed  by  the  Statutes.

Authorities
o f
University.

Power  of
Government
to  specify
eligibility
conditions
for  being
member  of
any  authority
of University.

Board  of
Management.

Academic
Council.

18.

(1)  There  shall  be  constituted  a  Planning  Board  of  the  University  which  shall
be  the  principal  planning  body  of  the  University  and  shall  also  be  responsible  for  the
monitoring  of  the  developments  of  the  University  on  the  lines  indicated  in  the  objects
of  the  University.

Planning
Board.

(2)  The  constitution  of  the  Planning  Board,  the  term  of  office  of  its  members  and

its  powers  and  functions  shall  be  prescribed  by  the  Statutes.

19. The  constitution,  powers  and  functions  of  the  Finance  Committee  shall  be

such  as  may  be  prescribed  by  the  Statutes.

3[19A. The  constitution,  powers  and  functions  of  the  Board  of  Examinations  shall

be  such  as  may  be  prescribed  by  the  Statutes.

1   These  clauses  were  inserted  by  Mah.  12  of  2003,  s.  7.
2   Section  15A  was  inserted  by  Mah.  14  of  2009,  s.  3.
3 Sections  19A  and  19B  were  inserted  by  Mah.  12  of  2003,  s.  8.

Finance
Committee.

Board  of
Examinations.

Board  of
University
Teaching and
Research.
Other
authorities.

10

Yashwantrao Chavan Maharashtra Open University
Act, 1989

[1989 : Mah.  XX

19B. The  constitution,  powers  and  functions  of  the  Board  of  University  Teaching

and  Research  shall  be  such  as  may  be  prescribed  by  the  Statutes.]

20. The  constitution,  powers  and  functions  of  other  authorities  which  may  be
declared  by  the  Statutes  to  be  the  authorities  of  the  University  shall  be  such  as  may
be  prescribed  by  the  Statutes.

Statutes.

21. Subject  to  the  provisions  of  this  Act,  the  Statutes  may  provide  for  all  or  any

of  the  following  matters,  namely  :—

(a) 1[the  term  of  appointment  of  the  Vice-Chancellor,]  the  emoluments  and  other
conditions  of  his  service  and  the  powers  and  functions  that  may  be  exercised  and
performed  by  him  ;

(b)  the  manner  of  appointment  of  the 2[Pro-Vice-Chancellor,  Director,  Controller
of  Examinations,]  Registrar,  Finance  Officer  and  other  officers,  the  emoluments  and
other  conditions  of  their  service  and  the  powers  and  functions  that  may  be  exercised
and  performed  by  each  of  the  officers  ;

(c)  the  constitution  of  the  Board  of  Management  and  other  authorities  of  the
University,  the  term  of  office  of  the  members  of  such  authorities  and  the  powers
and  functions  that  may  be  exercised  and  performed  by  such  authorities  ;

(d)  the  manner  of  appointment  of  teachers  and  other  employees  of  the  University,
their  emoluments,  qualifications,  code  of  conduct  and  other  conditions  of  service
including  the  manner  of  termination  of  service  and  other  disciplinary  action  ;

3[(d-a)  provision  for  reservation  of  adequate  number  of  posts  of  teachers,  officers
and  other  employees  of  the  University  for  members  of  the  Schedule  Castes,
Scheduled  Tribes  and  Others  Backward  Classes  ;]

(e)  the  conferment  of  honorary  degrees  ;
(f)  the acceptance and management of trusts, bequests, donations and endowments ;
(g)  laying  down  the  policy  and  norms  regarding  —

(i) fixation  of examination  fees  and  emoluments,  travelling  and  other  allowances
to  be  paid  to  the  examiners,  moderators  and  such  other  staff  appointed  for  the
examination  work  ;

(ii)  payment  for  teachers,  lesson  writers,  evaluators  and  other  academic  staff
appointed  for  organisation  and  conducting  refresher  courses,  workshops,  seminars
and  other  programmes  ;

(iii)  rates  of  tuition  fees  and  other  charges  receivable  from  the  students  ;
(iv)  rates of  remuneration  to  visiting  professors,  emeritus  professors,  consultants,

fellows,  scholars,  artists,  course  writers  ;

(h)  the  principles  governing  the  seniority  of  service  of  the  employees  of  the

University  ;

(i)  the  procedure  for  the  settlement  of  dispute  between  the  University  and  the

Students  ;

(j)  all  other  matters  which,  by  or  under  this  Act,  are  to  be,  or  may  be,

provided  by  the  Statutes.

Statutes
how  made.

(1)  The  first  Statutes  are  those  set-out  in  the  Second  Schedule.

22.
(2)  The  Board  of  Management  may,  from  time  to  time,  make  new  or  additional

Statutes  or  may  amend  or  repeal  the  Statutes  referred  to  in  sub-section  (1)  :

Provided  that,  the  Board  of  Management  shall  not  make,  amend  or  repeal  any
Statute  affecting  the  status,  powers  of  constitution  of  any  authority  of  the  University
1 These  words  were  substituted  for  the  words  “the  manner  of  appointment  of  the  Vice-Chancellor,

the  term  of  his  appointment”,  by  Mah.  14  of  2009,  s.  4.

2 These  words  were  substituted  for  the  word  “Director”  by  Mah.  12  of  2003,  s.  9.
3 Clause (d-a) was  inserted  by  Mah.  7  of  1993,  s.  16.

1989 : Mah.  XX ]

Yashwantrao Chavan Maharashtra Open University
Act, 1989

11

until  such  authority  has  been  given  a  reasonable  opportunity  to  express,  within  the
time  fixed  by  the  Board  of  Management,  its  opinion  in  writing  on  the  proposed
changes  and  any  opinion  so  expressed  has  been  considered  by  the  Board  of
Management.

(3)  Every  new  Statute  or  addition  to  the  Statutes  or  any  amendment  or  repeal
thereof  shall  require  the  approval  of  the  Chancellor,  who  may  assent  thereto  or
withhold  assent  or  remit  to  the  Board  of  Management  for  reconsideration  in  the  light
of  the  observations,  if  any,  made  by  him.

(4)  A  new  Statute  or  a  Statute  amending  or  repealing  an  existing  Statute  shall  not

be  valid  unless  it  has  been  assented  to  by  the  Chancellor.

(5)  Notwithstanding  anything  contained  in  the  foregoing  sub-sections,  the  Chancellor
may  make  new  or  additional    Statutes  or  amend  or    repeal  the  Statutes  referred  to  in
sub-section  (1)  during  the  period  of  five  years  immediately  after  the  commencement
of  this  Act.

(6)  Notwithstanding  anything  contained  in  the  foregoing  sub-sections,  the  Chancellor
may  either suo  moto  or  in  consultation  with  Government  direct  the  University  to  make
provisions  in  the  Statutes  in  respect  of  any  matter  specified  by  him  and  if  the  Board
of  Management  is  unable  to  implement  such  a  direction  within  sixty  days  of  its
receipt,  the  Chancellor  may,  after  considering  the  reasons,  if  any,  communicated  by
the  Board  of  Management  for  its  inability  to  comply  with  such  direction,  make  or
amend  the  Statutes  suitably.

23.

(1)  Subject  to  the  provisions  of  this  Act  and  the  Statutes,  the  Ordinances  may

Ordinances.

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

(a)  the  admission  of  students,  the  courses  of  study  and  the  fees  therefor,  the
qualifications,  pertaining  to  degrees,  diplomas,  certificates  and  other  courses,  the
conditions  for  the  grant  of  fellowships,  awards  and  the  like  ;

(b)  the  conduct  of  examinations,  including  the  terms  and  conditions  for  the

appointment  of  examiners,  moderators  and  such  other  staff  and  their  duties  ;

(c)  the  conduct  and  discipline  of  the  students  and  the  action  to  be  taken  against
them  for  breach  of  discipline  or  misconduct,  including  the  following,  namely  :—
(i)  use  of  unfair  means  at  an  examination,  or  in  relation  thereto,  by  himself

or  by  any  other  student,  or  abetment  thereof  ;

(ii)  refusal  to  appear  or  give  evidence  in  any  authorised  inquiry  by  an  officer
in charge  of  an  examination,  or  by  any  officer  or  authority  of  the  University;  or
(iii)  disorderly  or  otherwise  objectionable  conduct  whether  within  or  outside

the  University  ;
(d)  the  conduct  of  examinations  and  other  tests,  and  the  manner  in  which  the

candidates  may  be  assessed  or  examined  by  the  examiners  ;

(e)  the  inspection  of  study  centres  and  recognised  institutions  ;
(f)  the  mode  of  execution  of  contracts  or  agreements  for,  or  on  behalf  of,  the

University  ;

(g)  the  rules  to  be  observed  and  enforced  by  study  centres  and  recognised

institutions  regarding  transfer  of  students  ;

(h)  the  holding  of  convocations  to  confer  degrees,  diplomas,  certificates  and

other  academic  distinctions  ;

(i)  collaboration  with  other  Universities  in  the  State  and  other  statutory  authorities

and  collaboration  with  departments  of  the  State  Government  ;

Regulations.

University
Fund.

12

Yashwantrao Chavan Maharashtra Open University
Act, 1989

[1989 : Mah.  XX

(j)  the  appointment,  for  a  specified  period  or  periods,  of  teachers  and  other
academic  staff  working  in  any  other  University  or  organisation  for  undertaking  joint
projects  ;

(k)  provision  for  reservation  of  adequate  number  of  posts  of  teachers,  officers
and  other  employees  of  the  University  for  members  of  the  Scheduled  Castes  and
Scheduled  Tribes  ;

(1)  manner  of  withdrawal  of  recognition  ;
(m)  any  other  matter  which  by  this  Act  or  the  Statutes  is  to  be,  or  may  be,

provided  for  by  the  Ordinances.
(2)  The  first  Ordinances  shall  be  made  by  the  Vice-Chancellor  with  the  previous
approval  of  the  Chancellor  and  the  Ordinances  so  made  may  be  amended,  repealed
or  added  to  at  any  time  by  the  Board  of  Management  in  such  manner  as  may  be
prescribed  by  the  Statutes.

24. The  authorities  of  the  University  may,  subject  to  the  approval  of  the  Board
of  Management,  make  regulations,  consistent  with  this  Act,  the  Statutes  and  the
Ordinances,  for  the  conduct  of  their  own  business  and  that  of  the  committees,  if  any,
appointed  by  them  and  not  provided  for  by  this  Act,  the  Statutes  or  the  Ordinances,
in  such  manner  as  may  be  prescribed.

(1)  The  University  shall  establish  a  fund  to  be  called  the  University  Fund.

25.
(2)  The  following  shall  form  part  of,  or  be  paid  into,  the  University  Fund,  namely :—
(a)  all  contributions  or  grants  made  by  the  State  Government,  the  Central
Government,  the  Indira  Gandhi  National  Open  University  and  the  University  Grants
Commission  ;

(b)  all  income  of  the  University  from  any  source  whatsoever  including  income

from  fees  and  charges  ;

(c)  all  income  or  moneys  from  trusts,  bequests,  donations,  endowments,  sub-

ventions  and  other  grants  ;

(d)  any  sums  borrowed  from  the  banks,  with  the  previous  permission  of  the  State

Government.
(3)  The  University  shall  have,  and  maintain,  a  Contingency  Fund  under  a  separate
head  in  the  University  accounts,  to  which  shall  be  credited  such  sums  as  may,  from
time  to  time,  be  granted  as  contributions  or  grant  by  the  State  Government  specially
for  this  purpose.  Such  Fund  shall  be  used  only  for  making  advances  for  the  purpose
of  meeting  unforeseen  expenditure.

(4)  With  the  previous  sanction  of the  State  Government,  any portion  of the  University
Fund  may,  from  time  to  time,  be  credited  by  the  University  to  a  separate  head  in  the
University  accounts  :

Provided  that,  there  shall  be  credited  and  debited  to  such  special  head,  only  such
sums  as  shall  expressly  relate  to  the  objects  for  which  such  separate  fund  is  created :
Provided further  that,  the  Board  of  Management  may,  by  passing  a  special  resolution,
authorise  transfer  of  any  amount  temporarily  from  one  head  to  another  in  the  University
accounts.

(5)  The  University  Fund  shall,  at  the  discretion  of  the  Board  of  Management,  be
kept  in  the  State  Bank  of  India,  or  in  any  Scheduled  Bank  as  defined  in  the  Reserve
Bank  of  India  Act,  1934,  which  holds  a  licence  issued  by  the  Reserve  Bank  of  India
under  section  22  of  the  Banking  Regulation  Act,  1949,  or  in  a  Co-operative  Bank
approved    by    the    State    Government    for  the  purpose,  or  be  invested  in  securities

2  of
1934.
10  of
1949.

1989 : Mah.  XX ]

Yashwantrao Chavan Maharashtra Open University
Act, 1989

13

2  of
1882.

authorised  by  the  Indian  Trusts  Act,  1882,  or,  subject  to  the  maximum  limit  of  rupees
five  lakhs,  in  the  shares  of,  or  by  giving  loans  to,  the  Consumers’  Co-operative
Societies  established  for  the  purposes  of  the  University,  or  recognised  institutions.

26.

(1)  The  annual  financial  estimates  of  the University  for  the  ensuing  finaicial
year  shall  be  prepared  by  the  Finance  Officer,  under  the  direction  of  the  Board  of
Management,  at  least  five  months  before  the  commencement  of  the  Financial  year.
(2)  The  financial  year  of  the  University  shall  be  the  same  as  that  of  the  State

Annual
financial
estimates.

Government.

(3)  The  financial  estimates  shall  be  submitted  to  the  Board  of  Management  for  its

approval.

(4)  The  Finance  Officer  shall  thereafter  forward  the  copies  of  the  financial  statements

to  the  Chancellor,  the  State  Government  and  the  Director  of  Higher  Education.

27.

(1)  The  annual  statement  of  accounts  of  the  University  for  a  financial  year  shall
be  prepared  by  the  Finance  Officer,  under  the  direction  of  the  Board  of  Management,
within  a  period  of  two  months,  after  the  close  of  the  financial  year.

(2)  The  annual  accounts  as  approved  by  the  Board  of  Management  shall  be  audited

Annual
accounts
and  its
audit.

by  the  Auditor  appointed  by  the  State  Government.

(3)  The  annual  accounts,  as  approved  by  the  Board  of  Management  shall  be  printed
and  copies  thereof  shall,  together  with  the  copy  of  the  audit  report  and  a  copy  of  the
statement  showing  the  action  taken  by  the  University  on  the  objections  and  points
raised  by  the  Auditor  in  his  previous  reports,  shall  be  forwarded  by  the  Board  of
Management  as  soon  as  possible  and  in  any  case,  within  the  period  of  nine  months
from  the  end  of  financial  year  to—

(a)  the  Chancellor  ;
(b)  the  State  Government  ;
(c)  the  Director  of  Higher  Education  ;  and
(d)  the  Auditor  appointed  by  the  State  Government.
1[(3A) The  State  Government  shall cause  the  audited  annual accouns  of the  University,

received  by  it,  to  be  laid  before  each  House  of  the  State  Legislature.]

*

*]

2[*
(5)  It  shall  be  competent  for  the  State  Government  to  give  directions  to  the
University  regarding  the  manner  in  which  the  accounts  relating  to  certain  specific
activities  or  schemes  shall  be  maintained  or  to  take  necessary  action  against  the
authority,  the  officer  or  any  employee  of  the  University  found  guilty  in  the  audit
report  for  committing  irregularities  and  the  University  shall  act  according  to  the
directions  of  the  State  Govermnent.

28.

(1)  The  annual  report  of  the  University  shall  be  prepared  under  the  directions
of  the  Board  of  Management  which  shall  include,  among  other  matters,  the  steps  taken
by  the  University  towards  the  fulfilment  of  its  objectives.

Annual
report.

(2)  The  annual  report  so  prepared  shall  be  submitted  to  the  Chancellor  on  or  before

such  date  as  may  be  prescribed  by  the  Statutes.

submitted  to  the  State  Government. 3[*

(3)  A  copy  of  the  annual  report,  as  prepared  under  sub-section  (1),  shall  also  be
*
4[(4)  The  State  Government  shall  cause  the  annual  report  of  the  University,  received

*].

by  it,  to  be  laid  before  each  House  of  the  State  Legislature.]

1 Sub-section  (3A)  was  inserted  by  Mah.  14  of  2009,  s.  5.
2 Sub-section  (4)  was  deleted  by  Mah.  12  of  2003,  s.  10.
3 This  portion  was  deleted,
4 Sub-section  (4)  was  inserted  by  Mah.  14  of  2009,  s.  6.

ibid.,  s.  11.

Financial
control  of
State
Government.

Conditions
of  service  of
employees.

Special
provision for
Scheduled
Castes,
Scheduled
Tribes  and
Other
Backward
Classes in
services  and
posts  in
University.

Tribunal  of
Arbitration.

Delegation
of  powers.

Disputes  as
to  consti-
tution  of
University
authorities
and  bodies.

14

Yashwantrao Chavan Maharashtra Open University
Act, 1989

[1989 : Mah.  XX

29.

(1)  Without  obtaining  the  prior  approval  of  the  State  Government  or  any

officer  authorised  by  it  in  this  behalf,  the  University  shall  not—

(i)  create  any  new  posts  of  officers,  teachers  or  other  employees  ;
(ii)  revise  the  pay,  allowances,  post-retirement  benefits  and  other  benefits  having

financial  implications,  offered  to  its  officers,  teachers  and  other  employees  ;

(iii)  incur  any  expenditure  on  any  development  work.

(2)  Any  post  created,  any  financial  benefits  offered  to  its  officers,  teachers  and  other
employees  or  any  expenditure  incurred  on  any  development  work,  without  the  prior
approval  of  the  State  Government  or  such  authorised  officer,  may  be  treated  by  the
State  Government  or  such  authorised  officer,  as  unapproved  expenditure  for  the  purpose
of  payment  of  grant-in-aid.

30.

(1)  Every  employee  of  the  University  shall  be  appointed  under  a  written
contract  and  such  contract  shall  not  be  inconsistent  with  the  provisions  of  this  Act.
the  Statutes  and  the  Ordinances.

(2)  The  contract  referred  to  in  sub-section  (1)  shall  be  lodged  with  the  University

and  a  copy  of  which  shall  be  furnished  to  the  employee  concerned.

1[30A. (1) The University shall take into consideration, consistently with the mainte-
nance of teaching standards and efficiency of administration, the claims of the members of
the  Schedule  Castes,  Schedule  Tribes  and  Other  Backward  Classes  in  making  appoint-
ments  to  teaching  and  non-teaching  posts;  and  the  Board  of  Management  shall  make
necessary Statutes for reservation of adequate number of posts for members of such Castes,
Tribes and Classes.

(2) Notwithstanding anything contained in this Act, the State Government shall have
power  to  give  to  the  University,  from  time  to  time,  such  directions  as  it  may  consider
necessary in regard to categories of  posts in which reservation of posts shall be made in
favour of the members of the Scheduled Castes, Scheduled Tribes and Other Backward
Classes, percentage of the posts to be reserved for them and any other matters connected
with such reservation, and the University shall comply with such directions.]

31.

(1)  Any  dispute  arising  out  of  contract  of  employment  referred  to  in  section
30  between  the  University  and  an  employee  shall,  at  the  request  of  either  party,  be
referred  to  a  Tribunal  of  Arbitration  which  shall  consist  of  the  member  nominated  by
the  Board  of  Management,  one  member  nominated  by  the  employee  concerned  and
an  umpire  to  be  nominated  by  the  Chancellor.

(2)  Every  such  reference  shall  be  deemed  to  be  a  submission  to  arbitration  upon
the  terms  of  this  section  within  the  meaning  of  the  *Arbitration  Act,  1940,  and  all
the  provisions  of  that  Act,  with  the  exception  of  section  2  thereof,  shall  apply
accordingly.

(3)  The  procedure  for  regulating  the  work  of  the  Tribunal  of  Arbitration  shall  be

prescribed  by  the  Statutes.

(4) The  decision of  the Tribunal  of Arbitration  shall  be final  and binding  on the  parties,

and  no  suit  shall  lie  in  any  court  in  respect  of  the  matters  decided  by  the  Tribunal.

32. Subject  to  the  provisions  of  this  Act  and  the  Statutes,  any  officer  or  authority
of  the  University  may,  by  order,  delegate  his  or  its  powers,  except  the  power  to  make
Statutes,  Ordinances  and  regulations,  to  any  other  officer  or  authority  under  his  or  its
control,  and  subject  to  the  condition  that  the  ultimate  responsibility  for  the  exercise  of
the  powers  so  delegated  shall  continue  to  vest  in  the  officer  or  authority  delegating  them.
(1)  If  any  question  arises  as  to  whether  any  person  has  been  duly  elected  or
appointed  as,  or  is  entitled  to  be,  a  member  of  any  authority  or  other  body  of  the
University,  the  matter  shall  be  referred  to  the  Chancellor  whose  decision  thereon  shall
be  final.

33.

(2)  Any  nominee  or ex  officio member  appointed  on  any  authority  or  body  of  the
University  shall  be  deemed  to  have  vacated  his  office,  whenever  his  nomination  or
appointment  is  cancelled  by  the  authority  concerned  or  he  ceases  to  hold  office  by
virtue  of  which  he  has  been  a  member  of  the  authority  or  body  of  the  University.

1 Section  30A  was  inserted  by  Mah.  7  of  1993,  s.  17.
* See now  the  Arbitration  and  Conciliation  Act,  1996  (26  of  1996).

2  of
1940.

1989 : Mah.  XX ]

Yashwantrao Chavan Maharashtra Open University
Act, 1989

15

34. All  the  casual  vacancies  among  the  members  (other  than ex  offcio  members),
of  any  authority  or  other  body  of  the  University  shall  be  filled,  as  soon  as  may  be
convenient,  by  the  person  or  body  who  appoints,  or  co-opts  the  member  whose  place
has  become  vacant  and  any  person  appointed  or  co-opted  to  a  casual  vacancy  shall
be  a  member  of  such  authority  or  body  for  the  residue  of  the  term  for  which  the  person
whose  place  he  fills  would  have  been  a  member.

35. No  act  or  proceedings  of  any  authority  or  any  other  body  shall  be  invalidated
merely  by  reason  of  the  existence  of  any  vacancy  or  vacancies  among  its  members.

36.

(1)  It  shall  be  the  duty  of  every  authority  and  officer  of  the  University  to

ensure  that  the  interests  of  the  University  are  duly  safe-guarded.

(2)  If  it  is  found  that  a  damage  or  loss  has  been  caused  to  the  University  by  any
action  on  the  part  of  any  authority  or  officer  or  employee  of  the  University  not  in
conformity  with  the  provisions  of  this  Act,  the  Statutes,  Ordinances  or  regulations
except  when  done in  good  faith,  or  any  failure  so  to  act  in  conformity  thereof,  by  wilful
neglect  or  default  on  its  or  his  part,  such  damage  or  loss  shall  be  liable  to  be  recovered
from  the  authority  or  the members  concerned  thereof  or  from  the officer  or  the  employee
concerned,  as  the  case  may  be,  in  accordance  with  the  procedure  prescribed  by  the
Statutes.

37. No  suit  or  other  legal  proceedings  shall  lie  against  any  officer  or  employee  of
the  University  for  anything  which  is  in  good  faith  done  or  intended  to  be  done  in
pursuance  of  any  of  the  provisions  of  this  Act  or  the  Statutes  or  the  Ordinances.

38. A  copy  of  any  receipt,  application,  notice,  order,  proceedings,  resolution  of
any  authority  or  committee  of  the  University,  or  other  documents  in  the  possession  of
the  University,  or  any  entry  in  any  register  duly  maintained  by  the  University,  if
certified  by  the  Registrar  shall,  notwithstanding  anything  contained  in  the  Indian
Evidence  Act,  1872  or  in  any  other  law  for  the  time  being  in  force,  be  admitted  as
evidence  of  the  matters  and  transactions  specified  therein,  where  the  original  thereof
would,  if  produced,  have  been  admissible  in  evidence.

39.

If  any  difficulty  arises  in  giving  effect  to  the  provisions  of  this  Act,  the
Government  may,  by  order,  published  in  the Official  Gazette, make  such  provisions,  not
inconsistent  with  the  provisions  of  this  Act,  as  appears  to  it  to  be  necessary,  or
expedient  for  removing  the  difficulty  :

Provided  that,  no  such  order  shall  be  made  under  this  section  after  the  expiry  of  two

years  from  the  commencement  of  this  Act.

40. Notwithstanding  anything  contained  in  this  Act  and  the  Statutes,—

(a)  The  first  Vice-Chancellor,  the  first  Registrar  and  the  first  Finance  Officer  shall
be  appointed  by  the  Chancellor  in  consultation  with  the  State  Government  and  they
shall  be  governed  by  the  terms  and  conditions  of  service  specified  by  the  Statutes :
Provided  that,  the  first  Vice-Chancellor  shall  be  eligible  for  appointment  in  the

manner  specified  in  the  Statutes  for  regular  term.

(b)  The  first  Board  of  Management  shall  consist  of  not  more  than  nineteen
members  who  shall  be  nominated  by  the  Chancellor  in  consultation  with  the  State
Government  and  they  shall  hold  office  for  a  term  of  three  years.

(c)  (i)  The  first  Planning  Board  shall  consist  of  not  more  than  ten  members  who
shall  be  nominated  by  the  Chancellor  in  consultation  with  the  State  Government  and
they  shall  hold  office  for  a  term  of  three  years.

H  235-3

Filling  of
casual
vacancies.

Proceedings
of  University
authorities  or
bodies  not
invalidated  by
vacancies.
Authorities
and  officers
responsible
for  damage.

Protection
of  action
taken  in
good  faith.

Mode  of
proof  of
University
record.

Power  to
remove
difficulties.

Transitional
provisions.

1  of
1872.

16

Yashwantrao Chavan Maharashtra Open University
Act, 1989

[1989 : Mah.  XX

(ii)  The  Planning  Board  shall,  in  addition  to  the  powers  and  functions  conferred
on  it  by  this  Act,  exercise  the  powers  of  the  Academic  Council,  until  the  Academic
Council  is  constituted  under  the  provisions  of  this  Act  and  the  Statutes,  and  in  the
exercise of  such powers,  the  Planning  Board  may  co-opt such  members as  it  may  decide.

THE  FIRST  SCHEDULE.
THE  OBJECTS  OF  THE  UNIVERSITY.

(See  section  4)

The  objects  of  the  Yashwantrao  Chavan  Maharashtra  Open  University  shall  be—

(a)  to  provide  through  instruction,  teaching  and  training  and  other  educational
opportunities,  access  to  larger  and  larger  segments  of  the  population,  and  in  particular
to  the  disadvantaged  groups  such  as  those  living  in  remote  and  rural  areas  including
working  people,  housewives  and  other  adults  who  wish  to  upgrade  or  acquire
knowledge  through  studies  in  various  fields  ;

(b)  to  strengthen  and  diversify  the  degree,  diploma  and  certificate  courses,  at
various  educational  levels,  to  fulfil  the  knowledge,  skill  and  developmental  needs
of  the  individuals,  institutions  and  society  in  general,  by  relating,  particularly,  the
courses  to  the  needs  of  employment  and  economic  development  of  the  State  on  the
basis  of  its  natural  and  human  resources  ;

(c)  to  promote  acquisition  of  knowledge  in  a  rapidly  developing  and  changing
society  and  to  continually  offer  opportunities  of  upgrading  knowledge,  training  and
skills  in  the  context  of  innovations,  research  and  discovery  in  all  fields  of  human
endeavour  by  developing  educational  network  with  the  use  of  modern
communication  media  and  technologies  appropriate  for  a  learning  society  ;

(d)  to  provide  an  innovative  system  of  university  level  education,  flexible  and
open,  in  regard  to  methods  and  pace  of  learning,  combination  of  courses,  eligibility
for  enrolment,  age  of  entry,  conduct  of  examination  and  operation  of  the  programmes
with  a  view  to  promote  learning  and  encourage excellence  in all  fields of  knowledge ;

(e)  to  contribute  to  the  improvement  of  the  educational  system  in  the  State  by
providing  a  non-formal  channel  complementary  to  the  formal  system  and  encouraging
transfer  of  credits  and  exchange  of  teaching  staff  by  making  wide  use  of  texts  and
other  software  developed  by  the  University  ;

(f)  to  develop  innovative,  need  based  vocational  courses  and  establish  industry,

institution  linkage  for  developing  the  society  ;

(g)  to  provide  through  incidental  and  non-formal  means,  for  continuing  and
extension  of  education  in  various  cultural  forms,  arts,  crafts  and  skills  of  the
country,  raising  their  quality  and  improving  their  availability  to  the  people  ;

(h)  to  provide  suitable  post-graduate  courses  of  study  and  promote  and  make
provision  for  research  and  development  in  various  fields  of  knowledge  and
particularly  in  the  field  of  educational  technologies  and  distance  or  mediated
education  for  effective  and  efficient  teaching,  learning,  evaluation  and  dissemination
of  knowledge ;

(i)  to  provide  or  arrange  for  training  of  teachers  required  for  open  and  distance

education  system  ;

(j)  to  provide  for  counselling  and  guidance  to  its  students  ;  and

1989 : Mah.  XX ]

Yashwantrao Chavan Maharashtra Open University
Act, 1989

17

(k)  to  promote  national  integration,  integrated  development  of  the  human
personality  and  advance  the  culture  of  the  people  of  Maharashtra  in  particular,  and
India  in  general,  using  rich  cultural  heritage  and  traditions  of  social  reform  of  the
people  of  Maharashtra.

(l)  to provide  major part  of  its  resources  and  direct efforts  in  designing,  developing
and  offering  need-based  and  relevant  vocational  and  techinical  courses  forming
major  thrust  of  the  University  ;

(m)  to  have  least  dependence  on  the  grants  of  the  State  Government  and,  after
the  inital  formative  period  of  about  five  years,  be  self-supporting  in  its  operating
cost  by  attracting  social  and  private  contributions  to  its  programmes  and  by  charging
fees  based  on  unit  operating  cost  ;

(n)  to  develop  working  culture  and  achieving  economics  of  scale  through
mechanization,  computerization  and  economic  and  efficient  administration  without
any  loss  of  quality  and  standards  in  education.

2.  The  University  shall  strive  through  teaching,  training,  research  and  extension,  to
fulfil  the  above  objectives  by  employing  diversity  of  means  and  media  of  distance
education  and  developing  self-learning  materials  disseminated  to  every  student  or
through  broadcast,  non-broadcast  and  correspondence  channels  and  a  net-work  of
study  centres,  by  using  mainly  Marathi  and  English  as  the  media  of  instructions,  and
shall  function  in  co-operation  with  the  existing  universities  and  institutions  of  higher
learning  and  make  full  use  of  the  latest  scientific  knowledge  and  new  educational
technologies  to  offer  education  of  high  quality,  diversity  and  relevance  which  fulfils
the  requirements  of  a  learning  society  and  develops  the  University  into  a  mass-versity.

THE  SECOND  SCHEDULE.
STATUTES  OF THE  UNIVERSITY.

(See  section  24)

1. The  Vice-Chancellor.—(1)  The  Vice-Chancellor  shall  be  a  whole-time  salaried

officer  of  the  University.

1[  *  *  *  *  *]

(4)  The  Vice-Chancellor  shall  hold  office  for  a  term  of  five  years  from  the  date  on
which  he  enters  upon  his  office  or  until  he  attains  the  age  of  sixty-five  years,  which-
ever  is  earlier,  and  he  shall  not  be  eligible  for  re-appointment  :

Provided  that,  the  Chancellor  may  require  any  Vice-Chancellor  after  his  term  has
expired,  to  continue  in  office  for  such  period  not  exceeding  a  total  period  of  one  year
as  may  be  specified  by  him.

(5)  The  emoluments  and  other  conditions  of  service  of  the  Vice-Chancellor  shall

be  as  follows  :—

(a)  There  shall  be  paid  to  the  Vice-Chancellor  a  salary  of  Rs.  7,600  per  month
and  he  would  be  entitled  to  the  free  use  of  the  University  car  and  without  payment
of  rent  to  the  use  of  furnished  residence  throughout  his  term  of  office  and  no  charge
shall  fall  on  the  Vice-Chancellor  personally  in  respect  of  the  maintenance  of  such
residence.

1 Clauses (2) and  (3)  were  deleted  by  Mah.  14  of  2009,  s.  7.

18

Yashwantrao Chavan Maharashtra Open University
Act, 1989

[1989 : Mah.  XX

(b)  In  addition  to  the  salary  specified  in  sub-clause  (a)  the  Vice-Chancellor  shall
be  entitled  to  such  other  allowances  as  are  admissible  to  University  employees  from
time  to  time.

(c)  The  Vice-Chancellor  shall  be  entitled  to  such  terminal  benefits  and  allowances

as  may  be  fixed  by  the  State  Government  :

Provided  that,  where  an  employee  of  the  University  or  a  College  or  of  any  other
University  or  any  institution  maintained  by  or  affiliated  to  such  other  University  is
appointed  as  the  Vice-Chancellor,  he  may  be  allowed  to  continue  to  contribute  to  any
provident  fund  of  which  he  is  a  member  and  the  University  shall  contribute  to  the
account  of  such  person  in  that  provident  fund,  but  under  this  provision,  the  pay
for  the  purpose  of  subscription  to  the  provident  fund  shall  be  the  pay  drawn  by
him  as  Vice-Chancellor  :

Provided  further  that,  where  such  employee  had  been  a  member  of  any  pension

scheme,  the  University  shall  make  the  necessary  contribution  to  such  scheme.

(d)  The  Vice-Chancellor  shall  be  entitled  to  travelling  allowance  at  such  rates  as

may  be  approved  by  the  Chancellor  from  time  to  time.

(e)  The  Vice-Chancellor  shall  be  entitled  to  leave  on  full  pay  for  one-eleventh

of  the  period  spent  by  him  on  active  service.

(f)  In  addition  to  the  leave  referred  to  in  sub-clause  (e),  the  Vice-Chancellor  shall
be  entitled  to  half  pay  leave  at  the  rate  of  twenty  days  per  year  of  every  completed
year  of  service  and  the  half  pay  leave  may  be  availed  of  as  commuted  leave  on  full
pay  on  medical  grounds.

(g)  If  the  office  of  the  Vice-Chancellor  becomes  vacant  due  to  death,  resignation
or  otherwise,  or  if  he  is  unable  to  perform  his  duties  due  to  ill-health  or  any  other
cause,  the  Chancellor  may  appoint  any  suitable  person  including  the  Director  to  act
as  Vice-Chancellor  until  the  new  Vice-Chancellor  assumes  his  office  or  until  the
existing  Vice-Chancellor  attends  to  the  duties  of  his  office,  as  the  case  may  be.
2. Powers  and  functions  of  the  Vice-Chancellor.—(1)  The  Vice-Chancellor  shall
be ex  officio Chairman  of  the  Board  of  Management,  the  Academic  Council,  the
Planning  Board  and  the  Finance  Committee.

(2)  The  Vice-Chancellor  shall  be  entitled  to  be  present  at,  and  address,  any  meeting
of  any  other  authority  or  other  body  of  the  University,  but  shall  not  be  entitled  to  vote
thereat  unless  he  is  a  member  of  such  authority  or  body.

(3)  It  shall  be  the  duty  of  the  Vice-Chancellor  to  see  that  the  provisions  of  this
Act,  the  Statutes,  Ordinances  and  regulations  are  duly  observed  and  he  shall  have  all
the  powers  necessary  to  ensure  such  observance.

(4)  The  Vice-Chancellor  shall  exercise  control  over  the  affairs  of  the  University  and
shall,  subject  to  the  provisions  of  sub-section (4) of  section  10,  give  effect  to  the
decisions  of  all  the  authorities  of  the  University.

(5)  The  Vice-Chancellor  shall  have  all  the  powers  necessary  for  the  proper
maintenance  of  discipline  in  the  University  and  he  may  delegate  any  such  powers  to
such  person  or  persons  as  he  may  deem  fit.

(6)  The  Vice-Chancellor  shall  be  empowered  to  grant  leave  to  any  officer  of  the
University  and  make  necessary  arrangements  for  the  discharge  of  the  functions  of  such
officer  during  his  absence.

(7)  The  Vice-Chancellor  shall  grant  leave  of  absence  to  any  employee  of  the
University  in  accordance  with  the  rules  and  if  he  so  desires,  delegate  such  powers  to
another  officer  of  the  University.

(8)  The  Vice-Chancellor  shall  have  the  power  to  convene  or  cause  to  be  convened,
the  meetings  of  the  Board  of  Management,  the  Academic  Council,  the  Planning  Board
and  the  Finance  Committee.

(9)  The  Vice-Chancellor  shall  have  the  following  further  powers,  namely  :—

(a) to  appoint  such  professors,  readers,  lecturers  and  other  teacher  as  may  be

necessary,  with  the  prior  approval  of  the  Board  of  Managements  ;

1989 : Mah.  XX ]

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19

(b)  to  appoint  course  writers,  script  writers,  counsellors,  programmers,  artists  and
such  other  persons  as  may  be  considered  necessary  for  the  efficient  functioning  of
the  University  ;

(c)  to  make  short  term  appointments  for  a  period  not  exceeding  six  months  at  a
time,  but  which  may  further  be  extended  for  a  period  not  exceeding  one  year  in  the
aggregate,  of  such  persons  as  may  be  considered  necessary  for  the  functioning  of
the  University  ;

(d)  to  arrange  for  the  establishment  and  maintenance  of  regional  and  study
centres  at  different  places  as  may  be  required  from  time  to  time  and  delegate  to  any
employee  such  powers  as  are  necessary  for  their  efficient  functioning.
3. The  Directors.—(1)  Every  Director  shall  be  appointed  by the  Board  of  Management

on  the  recommendations  of,—

(a) the  Vice-Chancellor,  if  the  candidate  to  be  appointed  is  already  a  teacher  of

the  University  ;  and

(b) a  selection  committee  constituted  for  the  purpose,  in  case  the  candidate  to

be  appointed  is  from  outside  the  University.
(2)  Every  Director  shall  be  a  whole-time  salaried  officer  of  the  University.
(3)  The  emoluments  and  other  conditions  of  service  of  the  Director  shall  be

prescribed  by  the  Statutes  :

Provided  that,  a  Director  shall  retire  on  attaining  the  age  of  sixty  years.
(4)  A  Director  shall  exercise  such  powers  and  perform  such  functions  as  may  be

prescribed  by  the  Ordinances.

4.

The  Registrars.—(1)  Every  Registrar  shall  be  appointed  by  the  Board  of
Management  on  the  recommendations  of  a  selection  committee  constituted  for  the
purpose  and  he  shall  be  a  whole-time  salaried  officer  of  the  University.

(2)  The  emoluments  and  other  conditions  of  service  of  a  Registrar  shall  be  such
as  may  be  determined  by  the  Board  of  Management  with  the  approval  of  the  Chancellor  :
Provided  that,  a  Registrar  shall  retire  on  attaining  the  age  of  fifty-eight  years.
(3)  A  Registrar  designated  by  the  Board  of  Management  shall  have  powers  to  take
disciplinary  action  against  such  of  the  employees,  excluding  teachers  and  other  members
as  the  Board  of  Management  may,  by  order,  specify.

(4)  An  appeal  shall  lie  to  any  officer  so  designated  by  the  Board  of  Management

against  any  order  made  by  the  Registrar  in  pursuance  of  clause (3).

(5)  In  cases  where  an  inquiry  discloses  that  a  punishment  beyond  the  powers  of  a
Registrar  is  called  for,  the  Registrar  shall,  consequent  to  the  enquiry,  make  a  report  to
the  Vice-Chancellor  along  with  his  recommendations  for  such  action  as  the  Vice-
Chancellor  may  deem  fit  :

Provided  that,  an  appeal  shall  lie  to  the  Board  of  Management  against  an  order  of

the  Vice-Chancellor  imposing  any  penalty.

(6) Such  of  the  Registrars  as  is  designated  by  the  Board  of  Management  shall  be,—

(a) the  Secretary  to  the  Board  of  Management,
(b) the  Member-Secretary  of  the  Academic  Council,
(c)  the  Member-Secretary  of  the  Planning  Board.

(7)  (1)  A  Registrar  so  designated  shall—

(a) be  the  custodian  of  the  records,  the  common  seal  and  such  other  properties

of  the  University  as  the  Board  of  Management  may  commit  to  his  charge  ;

(b) issue  notices  and  convene  meetings  of  the  Board  of  Management, the  Academic
Council  and  the  Planning  Board  and  of  the  committees  appointed  by  those  authorities;

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[1989 : Mah.  XX

(c)  keep  the  minutes  of  the  meetings  of  the  Board  of  Management,  the  Academic
Council  and  the Planning  Board  and  of  the  committees  appointed  by those  authorities ;
(d)  conduct  the  official  proceedings  and  correspondence  of  the  Board  of

Management,  the  Academic  Council  and  the  Planning  Board  ;

(e)  supply  to  the  Chancellor,  a  copy  of  the  agenda  of  the  meetings  of  the
authorities  of  the  University  as  soon  as  they  are  issued  and  the  minutes  of  such
meetings  ;

(f)  represent  the  University  in  suits  or  proceedings  by  or  against  the  University,
sign  powers  of  attorney,  verify  pleadings  and  depute  his  representative  for  the
purpose  ;

(g)  prepare  the  annual  report  of  the  University  ;
(h)  perform  such  other  functions  as  may  be  specified  in  these  Statutes,  Ordinances
or  regulations  or  as  may  be  required  from  time  to  time  by  the  Board  of  Management
or the  Vice-Chancellor.
(2)  When  the  office  of  the  Registrar  is  vacant  or  when  the  Registrar  is  by  reason
of  ill-health,  absent  or  due  to  any  other  cause  unable  to  perform  his  functions  as
Registrar,  his  functions  shall  be  performed  by  such  persons  as  the  Vice-Chancellor  may
appoint  for  the  purpose.

5. The  Finance  Officer.—(1)  The  Finance  Officer  shall  be  appointed  by  the  State
Government  by  a  notification  published  in  the Official  Gazette. His  appointment  shall
be  for  such  period  and  on  such  terms  and  conditions  as  the  State  Government  may
determine.  He  shall  be  a  whole-time  salaried  officer  and  shall  work  under  the  control
of the  Vice-Chancellor.

(2)  When  the  office  of  the  Finance  Officer  is  vacant  or  when  the  Finance  Officer
is  by  reason  of  ill-health  absent  or  due  to  any  other  cause  unable  to  perform  his
functions  as  Finance  Officer,  his  functions  shall  be  performed  by  such  person  as  the
Vice-Chancellor  may  appoint  for  the  purpose.

(3)  The  Finance  Officer  shall—

(a) exercise  general  supervision  of  the  funds  of  the  University  and  advice  it  as

regards  its  financial  policies  ;

(b) perform  such  other  financial  functions  as  may  be  assigned  to  him  by  the
Board  of  Management  or  as  may  be  prescribed  by  the  Statutes  or  the  Ordinances :
Provided  that,  the  Finance  Officer  shall  not  incur  any  expenditure  or  make  any
investment  exceeding  one  lakh  of  rupees  without  the  previous  approval  of  the  Board
of  Management.

(4)  Subject  to  the  control  of  the  Vice-Chancellor  and  the  Board  of  Management,

the  Finance  Officer  shall—

(a) hold  and  manage  the  properties  and  investments  of  the  University,  including
trust  and  immoveable  properties  for  fulfilling  any  of  the  objects  of  the  University  ;
(b) ensure  that  the  limits  fixed  by  the  Finance  Committee  for  recurring  and  non-
recurring  expenditure  for  a  year  are  not  exceeded  and  the  money  is  expended  or
spent  for  the  purposes  for  which  it  was  granted  or  allotted  ;

(c) be  responsible  for  the  preparation  of  the  annual  budget  estimates  and  the
annual  accounts  of  the  University  and  for  their  presentation  to  the  Board  of
Management  after  they  have  been  considered  by  the  Finance  Committee  ;

(d) keep  a  constant  watch  on  the  cash  and  bank  balances  and  investments  ;
(e) watch  the  progress  of  collection  of  revenue  and  advise  on  the  methods  of

collection  employed  ;

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Yashwantrao Chavan Maharashtra Open University
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21

(f)  ensure  that  the  registers  of  properties  of  the  University  are  maintained  properly
and  that  stock  checking  is  conducted  of  equipments  and  other  materials  in  the
offices  of  the  University including  regional  centres,  study  centres  and  other  institutions
maintained  by  the  University  ;

(g)  bring  to  the  notice  of  the  Vice-Chancellor  any  unauthorised  expenditure  or
other  financial  irregularities  and  suggest  appropriate  action  against  persons  at  fault ;
(h)  call  from  any  office  of  the  University,  including  regional  centres,  study
centres  and  other  institutions,  maintained  by  the  University,  any  information  or
reports  that  he  may  consider  necessary  for  the  performance  of  his  functions.
(5)  Any  receipt  given  by  the  Finance  Officer  or  by  the  person  or  persons  duly
authorised  in  this  behalf  by  the  Board  of  Management  shall  be  a  sufficient  discharge
for  payment  of  moneys  to  the  University.

6. Constitution  of  the  Board  of  Management.-(1)  The  Board  of  Management  shall
be  the  principal  executive  authority  of  the  University  and  shall  consist  of  the  Chairman
and  the  following  members,  namely  :—

(a)  The  Vice-Chancellor, ex  officio Chairman;
(b)  Secretary  to  Government  of  Maharashtra  (Higher  Education)  or  his

representative  not  below  the  rank  of  Deputy  Secretary  ;

(c) Secretary  to  Government  of  Maharashtra  (Industries)  or  his  nominee  not  below

the  rank  of  Deputy  Secretary;

(d)  Secretary  to  Government  of  Maharashtra  (Agriculture)  or  his  nominee  not

below  the  rank  of  Deputy  Secretary;

(e)  The  Director  of  Higher  Education,  or  his  representative  not  below  the  rank  of

the  Joint  Director;

(f)  The  Director  of  Technical  Education,  or  his  representative  not  below  the  rank

of  the  Joint  Director;

(g)  Director  of  Vocational  Education  and  Training  or  his  representative  not  below

the  rank  of  the  Joint  Director;

(h)  Two  Vice-Chancellors  to  be  appointed  by  the  Chancellor  one  of  whom  shall
be  from  amongst  the  Vice-Chancellors  of  the  Non-Agricultural  University  and  the
second  shall  be  from  the  Agricultural  University;

(i)  One  Director  to  be  appointed  by  the  Vice-Chancellor  by  rotation,  according  to

the  seniority;

(j)  Two  members  of  the  Maharashtra  Legislative  Assembly,  to  be  nominated  by

the  Maharashtra  Legislative  Assembly;

(k)  One  member  of  the  Maharashtra  Legislative  Council,  to  be  nominated  by  the

Maharashtra  Legislative  Council;

(l)  Five  persons  nominated  by  the  Chancellor,  who  may  include  distinguished
persons  from  the  fields of (i)  Education, (ii) Research, (iii) Industry, (iv) Management
and  Commerce,  and (v) Agriculture  and  Agro-Industries;

(m) One  nominee  of  the  Vice-Chancellor  of  the  Indira  Gandhi  National  Open

University,  New  Delhi.
(2)  The  quorum  to  constitute  a  meeting  of  the  Board  of  Management  shall  be  six.
(3)  The  term  of  office  of  the  members,  other  than ex  officio members  shall  be  three

years.

(4)  No  person  shall  be  a  member  or  continue  to  be  such  member  of  the  Board  for

more  than  two  terms.

(5)  A person  who is  a member  by virtue  of  his  office, shall  cease  to  be  such  member

on  his  ceasing  to  hold  that  office.

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[1989 : Mah.  XX

7. Powers  and  functions  of  the  Board  of  Management.—(1)  The  Board  of
Management  shall  have  the  power  of  management  and  administration  of  the  revenue
and  property  of  the  University  and  the  conduct  of  all  administrative  affairs  of  the
University  not  otherwise  provided  for.

(2)  Subject  to  the  provisions  of  this  Act,  and  the  Ordinances,  the  Board  of

Management  shall  have  the  following  powers,  namely  :—

(a) to  create  teaching  and  other  academic  posts  and  to  define  the  functions  and
conditions  of  service  of  professors,  readers,  lecturers  and  other  teachers  and  other
academic  staff  employed  by  the  University  ;

(b) to  prescribe  qualifications  for  teachers  and  other  academic  staff  ;
(c) to  approve  the  appointment  of  such  professors,  readers,  lecturers  and  other
teachers  and  academic  staff  as  may  be  necessary  on  the  recommendations  of  the
selection  committee  constituted  for  the  purpose  ;

(d) to  approve  appointments  to  temporary  vacancies  of  any  academic  staff  ;
(e) to  specify  the  manner  of  appointment  to  temporary  vacancies  of  academic

staff ;

(f)  to  provide  for  the  appointment  of  visiting  professors,  emeritus  professors,
fellows,  artists  and  writers  and  determine  the  terms  and  conditions  of  such
appointments ;

(g)  to  manage  and  regulate  the  finances,  accounts,  investments,  property  of  the
University  and  all  other  affairs  of  the  University  and  to  appoint  such  agents  as  may
be  considered  fit  ;

(h)  to  invest  any  money  belonging  to  the  University  ;  including  any  unapplied
income,  in  such  stocks,  funds,  shares  or  securities  as  it  thinks  fit  or  in  the  purchase
of  immoveable  property  in the  State  with  like  power  of  varying  such  investment  from
time  to  time  :

Provided  that,  no  action  under  this  clause  shall  be  taken  without  consulting  the

Finance  Committee  ;

(i)  to  create  administrative,  ministerial  and  other  necessary  posts  after  taking  into
account  the  recommendations  of  the  Finance  Committee  and  to  specify  the  manner
of  appointment  thereto  ;

(j)  to  regulate  and  enforce  discipline  amongst  the  employees  in  accordance  with

the  Statutes  ;

(k)  to  transfer  or  accept  transfers  of  any  immoveable  or  moveable  property  on

behalf  of  the  University  :

Provided  that,  no  immoveable  property  shall  be  transferred  without  the  prior

approval  of  the  State  Government  ;

(l)  to  entertain,  adjudicate  upon,  or  redress  the  grievances  of  the  employees  and

the  students  of  the  University  who  may,  for  any  reason,  feel  aggrieved  ;

(m)  to  fix  the  remuneration  payable  to  course  writers,  counsellors,  examiners  and
invigilators,  and  travelling  and  other  allowances  payable  after  consulting  the  Finance
Committee  ;

(n)  to  select  the  common  seal  for  the  University  and  to  provide  for  the  use  of

such  seal  ;

(o)  to  delegate  any  of  its  powers  to  the  Vice-Chancellor,  Registrars,  the  Finance
Officer  or  any  other  officer,  employee  or  authority  of  the  University  or  to  a
committee  appointed  by  it  ;

(p)  to  institute  fellowships,  scholarships,  studentships  ;  and
(q)  to  exercise  such  other  powers  and  perform  such  other  functions  as  may  be

conferred  or  imposed  on  it  by  this  Act  or  the  Statutes.

1989 : Mah.  XX ]

Yashwantrao Chavan Maharashtra Open University
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23

(3)  The  Board  of  Management  shall  exercise  all  the  powers  of  the  University  not
otherwise  provided  for  by  the  Act,  the  Statutes,  the  Ordinances  and  the  regulations  for
the  fulfilment  of  the  objects  of  the  University.

8. Powers  and  duties  of  the  Academic  Council.—Subject  to  this  Act,  the  Statutes,
the  Ordinances  and  the  regulations,  the  Academic  Council  shall,  in  addition  to  all  other
powers  vested  in  it  by  this  Act,  shall  have  the  following  powers,  namely  :—

(a)  to  exercise  general  supervision  over  the  academic  policies  of  the  University
and  to  give  directions  regarding  methods  of  instruction,  evaluation  or  research  or
improvement  in  academic  standards  ;

(b)  to  consider  matters  of  general  academic  interest  either  on  its  own  initiative  or
on  a  reference  from  the  Planning  Board  or  the  Board  of  Management  and  to  take
appropriate  action  thereon  ;

(c) to  frame  such  regulations  and  rules  consistent  with  the  Statutes  and  the
Ordinances  regarding  the  academic functioning  of  the  University,  including  discipline,
admissions,  award  of  fellowships  and  studentships  and  other  academic  requirements ;
and

(d)  to  exercise  such  other  powers  and  perform  such  other  duties  as  may  be
conferred  or  imposed  on  it  by  or  under  this  Act,  the  Statutes  and  the  Ordinances.
9. The  Planning  Board.—(1)  The  Plainning  Board  shall  consist  of  not  more  than
ten  members.  The  quorum  to  constitute  a  meeting  of  the  Planning  Board  shall  be  four.
(2)  All  the  members  of  the  Planning  Board,  other  than  the  Vice-Chancellor,  shall
hold  office  for  a  term  of  three  years  from  the  date  of  their  becoming  such  member.
No  person  shall  be  a  member  or  continue  to  be  such  member  for  more  than  two  terms.
(3)  It  shall  be  the  responsibility  of  the  Planning  Board  to  design  and  formulate
appropriate  programmes  and  activities  of  the  University,  and  it  shall,  in  addition,  have
the  right  to  advise  the  Board  of  Mamagement  and  the  Academic  Council  on  any  matter
which  it  may  deem  necessary  for  the  fulfilment  of  the  objects  of  the  University  :

Provided  that,  in  case  there  is  any  difference  of  opinion  between  the  Planning  Board
and  the Academic  Council on  any matter,  it shall  be referred  to the  Board of  Management
whose  decision  shall  be  final.

(4)  The  Planning  Board  may  constitute  such  committees  as  may  be  necessary  for

planning  and  monitoring  the  programmes  of  the  University.

(5)  The  Planning  Board  shall  meet  at  such  intervals  as  it  shall  deem  expedient,  but

it  shall  meet  at  least  twice  in  a  year.

10. The  Finance  Committee.—(1)  The  Finance  Committee  shall  consist  of  not

more  than  seven  members.

(2)  All  the  members  of  the  Finance  Committee,  other  than  the  Vice-Chancellor,

shall  hold  office  for  a  term  of  three  years  from  the  date  of  becoming  members.

(3)  Four  members  of  the  Finance  Committee  shall  form  a  quorum  for  a  meeting  of

the  Committee.

(4)  The  Finance  Committee  shall  meet  at  least  thrice  in  a  year  to  examine  the

accounts  and  scrutinise  the  expenditure.

(5)  All  proposals  relating  to  revision  of  grade,  upgradation  of  the  scales  and  those
items  which  are  not  included in  the  budget,  shall  be  examined by  the Finance  Committee
before  they  are  considered  by  the  Board  of  Management.
H  235-4

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[1989 : Mah.  XX

(6)  The  annual  accounts  and  the  financial  estimates  of  the  University  prepared  by
the  Finance  Officer  shall  be  laid  before  the  Finance  Committee  for  consideration  and
comments,  and  thereafter  submitted  to  the  Board  of  Management  within  the  overall
ceiling  fixed  by  the  Committee.

(7)  The  Finance  Committee  shall  fix  the  limits  for  the  total  recurring  and  non-
recurring  expenditure  for  the  year,  based  on  income  and  resources  of  the  University,
and  no  expenditure  shall  be  incurred  by  the  University  in  excess  of  the  limits  so  fixed.
Selection  committees  for  teachers.—(1)  There  shall  be  selection  committees
for  making  recommendations  to  the  Board  of  Management  for  appoinments  to  the
posts  of  professors,  readers,  lecturers  and  other  academic  staff  and  heads  of  institutions
maintained  by  the  University.

11.

(2)  Each  of  the  selection  committees  for  appointment  to  the  post  of  professors,
readers,  lecturers  and  the  academic  staff  shall  consist  of  the  Chairman  and  the  following
members,  namely  :—

(a)  the  Vice-Chancellor, ex  officio Chairman  ;
(b)  the  Director  nominated  by  the  Vice-Chancellor  ;
(c)  a  person  nominated  by  the  Chancellor  ;  and
(d)  three  experts  not  connected  with  the  University,  to  be  nominated  by  the  Board

of  Management  in  such  manner  as  may  be  specified  in  the  Ordinances  ;

(e)  a  person  nominated  by  Vice-Chancellor  to  represent  the  interest  of  Scheduled

Castes  and  Scheduled  Tribes.
(3)  The  quorum  for  a  meeting  of  a  selection  committee  shall  be  four,  which  will

include  at  least  two  experts.

(4)  The  procedure  to  be  followed  by  a  selection  committee  in  making

recommendations  shall  be  such  as  may  be  laid  down  in  the  Ordinances.

(5)  If  the  Board  of  Management  is  unable  to  accept  the  recommendations  made  by
a  selection  committee,  it  shall  record  its  reasons  for  such  non-acceptance  and  submit
the  case  to  the  Chancellor  for  final  orders.

12.

Special  mode  of  appointment  by  invitation.—(1)  Notwithstanding  anything
contained  in  these  Statutes,  the  Board  of  Management  may  invite  a  person  of  high
academic  distinction  and  professional  attainments  to  accept  the  post  of  a  professor  or
a  reader  or  equivalent  academic  post  in  the  University  on  such  terms  and  conditions
as  it  may  deem  fit,  and  appoint  such  person  to  such  post.

(2)  The  Board  of  Management  may  appoint  a  teacher  or  any  other  academic  staff
working  in  any  other  University  or  organisation  for  teaching  or  for  undertaking  a
project  or  any  work  on  such  terms  and  conditions  as  may  be  determined  by  the  Board
in  accordance  with  the  manner  specified  by  the  Statutes.

13.

Special  mode  of  appoinment  on  tenure.—The  Board  of  Management  may
appoint  a  person  selected  in  accordance  with  the  procedure  laid  down  in  the  Statutes
11  and  12  for  a  fixed  tenure,  on  such  terms  and  conditions  as  it  may  deem  fit.

14.

Selection  committee  for  officers  and  employees  other  than  teachers.—(1)  The
selection  committee  for  appointment  to  the  posts  of  officers  shall  consist  of  the
Chairman  and  the  following  members,  namely  :—

(i)  The  Vice-Chancellor, ex  officio  Chairman  ;
(ii)  Two  nominees  nominated  by  the  Board  of  Management  not  connected  with

the  University  ;

(iii)  One  nominee  of  the  Chancellor  ;

1989 : Mah.  XX ]

Yashwantrao Chavan Maharashtra Open University
Act, 1989

25

(iv)  The  Director  who  is  member  of  the  Board  of  Management  ;
(v)  The  Director  of  Higher  Education  ;
(vi) One  nomine  of  the  Vice-Chancellor  to  represent  the  interest  of  Scheduled

Castes  and  Scheduled  Tribes.
The  Registrar  shall  act  as  a  Secretary  of  the  selection  committee.  The  quorum  for

the  selection  committee  shall  be  four.

(2)  The  selection  committee  for  appointment  to  the  posts  of  employees  other  than

officers  shall  consist  of  the  Chairman  and  the  following  members,  namely  :—

(i)  The  Director  nominated  by  the  Vice-Chancellor—Chairman  ;
(ii)  One  teacher  nominated  by  the  Board  of  Management  ;
(iii)  The  Registrar.

(3)  The  procedure  to  be  followed  by  the  selection  committee  in  making  recommen-

dations  shall  be  such  as  may  be  laid  down  in  the  Ordinances.

(4)  The  Vice-Chancellor  shall  be  competent  to  fill  in  the  temporary  vacancy  of  a
teacher  or  an  employee  for  a  period  not  exceeding  six  months  in  the  aggregate  without
following  the  above  procedure.

15. Recognised  Teachers.—(1)  The  qualifications  for  recognition  of  persons  working
in  other  universities,  institutions  or  organisations  as  teachers  shall  be  such  as  may  be
prescribed  by  the  Ordinances.

(2)  The  manner  of  recognising  teachers,  the  period  of  recognition  and  withdrawal

of  recognition  shall  be  such  as  may  be  prescribed  by  the  Ordinances.

16. Committees.—(1)  Any  authority  of  the  University  may  appoint  as many  standing
or  special  committees  as  it  may  deem  fit,  and  may  appoint  to  such  committees,  persons
who  are  not  members  of  such  authority.

(2)  Any  committee  appointed  under  clause (1)  may  deal  with  any  subject  delegated

to  it  subject  to  the  subsequent  confirmation  by  the  authority  appointing  it.

17. Terms  and  conditions  of  service  and  code  of  conduct  of  the  teachers  and  other
academic  staff  of  the  University.—(1)  All  the  teachers  and  other  academic  staff  of  the
University  shall,  in  the  absence  of  any  contract  to  the  contrary,  be  governed  by  the
terms  and  conditions  of  service  and  code  of  conduct  as  are  specified  in  the  Statutes
and  the  Ordinances.

(2)  Every  teacher  and  member  of  the  academic  staff  of  the  University  shall  be
appointed  on  a  written  contract,  the  form  of  which  shall  be  specified  by  the  Board  of
Management,  with  the  approval  of  the  Chancellor.

(3)  A  copy  of  every  contract  referred  to  in  clause (2)  shall  be  deposited  with  the

Registrar.

18. Terms  and  conditions  of  service  and  code  of  conduct  of  other  employees  of  the
University.—All  the  employees  of  the  University,  other  than  the  teachers  and  other
academic  staff  of  the  University  shall,  in  the  absence  of  any  contract  to  the  contrary,
be  governed  by  the  terms  and  conditions  of  service  and  code  of  conduct  as  may  be
specified  in  the  Statutes  and  the  Ordinances.

19. Removal  of  employees  of  the  Unversity.—(1)  Where    there  is  an  allegation
of  misconduct  against  a  teacher,  a  member  of  the  academic  staff  or  other  officer  or
employee  of  the  University,  the  Vice-Chancellor,  in  the  case  of  the  teacher  or  member
of  the  academic  staff,  and  the  authority  or  officer  competent  to  appoint  (hereinafter
referred  to  as  “appointing  authority”)  in  the  case  of  other  employee,  may, by order in

26

Yashwantrao Chavan Maharashtra Open University
Act, 1989

[1989 : Mah.  XX

writing,  start  against  such  teacher,  member  of  the  academic  staff  or  other  employee
departmental  enquiry  and  shall  forthwith  report  to  the  Board  of  Management  the
circumstances  in  which  the  order  was  made.

(2)  Notwithstanding  anything  contained  in  the  terms  of  the  contract  of  appointment
or  of  any  other  terms  and  conditions  of  service  of  the  employees,  the  Board  of
Management  in  respect  of  teachers  and  other  academic  staff,  and  the  appointing
authority,  in  respect  of  other  employees,  shall  have  the  power  to  remove  a  teacher  or
a  member  of  the  academic  staff  or,  as  the  case  may  be,  other  employee  on  grounds  of
misconduct.

(3)  No  teacher,  member  of  the  academic  staff  or  other  employee  shall  be  removed
under  clause (2),  unless  he  has  been  given  a  reasonable  opportunity  of  showing  cause
against  the  action  proposed  to  be  taken  in  regard  to  him.

(4)  The  removal  of  teacher,  member  of  the  academic  staff  or  other  employee  shall

take  effect  from  the  date  on  which  the  order  of  removal  is  made  :

Provided  that,  where  the  teacher,  member  of  the  academic  staff  or  other  employee
is  under  suspension  at  the  time  of  his  removal  such  removal  shall  take  effect  from  the
date  specified  in  the  order.

(5)  Notwithstanding  anything  contained  in  the  foregoing  provisions  of  this  Statute

a  teacher,  member  of  the  academic  staff  or  other  employee  may  resign,—

(a) if  he  is  a  permanent  employee,  only  after  giving  three  months’  notice  in
writing  to  the  Board  of  Management  or  the  appointing  authority,  as  the  case  may
be,  or  by  paying  three  months’  salary  in  lieu  thereof ;

(b) if  he  is  not  a  permanent  employee,  only  after  giving  one  months’  notice  in
writing  to  the  Board  of  Management  or  the  appointing  authority,  as  the  case  may
be,  or  by  paying  one  month’s  salary  in  lieu  thereof  :
Provided  that,  such  resignation  shall  take  effect  only  on  the  date  of  resignation
accepted  by  the  Board  of  Management,  or  by  the  appointing  authority,  as  the  case
may  be.

20. Maintenance  of  discipline  amongst  students  of  the  University.—(1)  The  powers
regarding  discipline  and  disciplinary  action  in  regard  to  the  students  of  the  University
shall  vest  with  the  Vice-Chancellor.  The  Vice-Chancellor  may  delegate  all  or  any  of  his
powers,  as  he  may  deem  fit.

(2)  Without  prejudice  to  the  generality  of  his  powers  relating  to  the  maintenance
of  discipline  and  taking  such  action  as  he  may  deem  appropriate  for  the  maintenance
of  discipline,  the  Vice-Chancellor,  may,  in  the  exercise  of  his  power,  by  order,  direct
that  any  student  or  students  be  expelled  or  rusticated  for  a  specified  period  and  not
admitted  to  a  course  or  courses  of  study  in  the  University  or  a  recognised  institution
for  a  period  specified  in  the  order,  or  be  punished  with  a  fine  for  an  amount  to  be
specified  in the  order, or  debar him  from taking  an examination or examinations  conducted
by  the  University  or  a  recognised  institution  for  one  or  more  years  or  that  the  result
of  the  student  or  students  concerned  in  the  examination  or  examinations  in  which  he
or  she  has  appeared  be  cancelled.

(3)  The  head  of  recognised  institution  shall  have  the  authority  to  exercise  all  such
disciplinary  powers  over  the  students  in  their  respective  institutions  as  may  be  necessary
for  proper  conduct  of  such  institution.

21. Procedure  for  recovery  of  damage  or  loss  caused  to  the  University.—(1)  If  at
any  time,  the  Board  of  Management  finds,  on  a  reference  received  by  it  either  from
the  Chancellor  or  otherwise  that  a  damage  or  loss  has  been  caused  to  the  University
by  any  act  on  the  part  of  any  authority  (other  than  the  Board  of  Management)  or,

1989 : Mah.  XX ]

Yashwantrao Chavan Maharashtra Open University
Act, 1989

27

Officer  (other  than  the  Chancellor  or  Vice-Chancellor)  or  other  employee  of  the
Univerisity  which  is  not  in  conformity  with  the  provisions  of  the  Act,  the  Statutes,
Ordinances  or  regulations,  or  which  is  not  in  the  interest  of  the  University,  by  wilful
neglect  or  default  on  its  or  his  part,  the  Board  of  Management  shall  hold  a  preliminary
enquiry  to  determine  whether  there  is  a prima  facie case  for  appointing  an  Enquiry
Officer  or  a  Committee  of  Enquiry  into  the  matter  and  fixing  the  responsiblity  for  the
damage  or  loss  caused.  Where  the  preliminary  enquiry  is  held  on  a  reference  received
from  the  Chancellor,  the  Board  of  Management  shall  submit  a  report  of  such  enquiry
to  the  Chancellor  or  within  the  time  limit  fixed  by  the  Chancellor.

(2)  If  the  Board  of  Management  is  satisfied  itself  that  there  is  a prima  facie case
so  to  do,  or  when  a  direction  to  that  effect  is  received  from  the  Chancellor,  the  Board  of
Management  shall  appoint  a  Committee  of  Enquiry  consisting  of  one  or  more  persons
for  the  purpose  of  making  enquiries  with  definite  terms  of  reference  such  as  :—

(i)  to  investigate  into  the  complaint,
(ii)  to  assess  the  damage  or  loss  caused,
(iii)  to  determine  the  authority,  the  member  of  the  authority  or  the  officer  or

employee  responsible  therefor,  and

(iv) to  recommend  what  amount  should  be  recovered  from  the  authority,  member,

officer  or  employee  concerned.
The  Comiittee  shall  regulate  its  own  procedure.
(3)  After  making  the  necessary  enquiries,  the  Committee  shall  submit  its  report  to
the  Board  of  Management,  within  such  time  or  extended  time  as  specified  by  the
Board  of  Management  from  time  to  time.  Where  a  Committee  is  appointed  on  the
direction  from  the  Chancellor,  a  copy  of  report  of  the  Committee  shall  be  submitted
by  the  Board  of  Management  to  the  Chancellor.

(4)  On  receipt  of  the  report  of  the  Committee,  the  Board  of  Management  shall
consider  the  report.  If  it  considers  that  any  action  is  required  to  be  taken  against  any
authority,  memebr  or  officer  or  other  employee,  the  Board  of  Management  shall  inform
the  authority,  member  or  officer  or  other  employee  concerned  the  charges  against  it
or  him  and  the  amount  proposed  to  be  recovered  from  it  or  him.  The  Board  of
Management  shall  give  a  reasonable  opportunity  to  the  authority,  member  or  officer
or  other  employee  concerned  of  making  a  representation  in  respect  of  these  charges
and  the  amount  proposed  to  be  recovered  from  it  or  him.

(5)  After  giving  such  opporutnity,  the  Board  of  Management  shall  decide  what
action  should  be  taken  and  against  whom,  and  in  such  decision  shall  certify  the
amount  due  and  to  be  recovered,  from  the  authority,  member  or  officer  or  other
employee  concerned.  When  any  action  is  proposed  to  be  taken  in  any  case  in  which
the  enquiry  is  made  by  the  Committee,  on  a  reference  from  the  Chancellor,  previous
approval  from  the  Chancellor  shall  be  obtained.

(6)  Any  amount  certified  by  the  Board  of  Management  to  be  due  from  any  authority,
member  or  officer  or  other  employee  shall  be  paid  by  such  authority,  member  or
officer  or  other  employee,  as  the  case  may  be,  to  the  University,  within  sixty  days  from
the  date  of  receipt  by  it  or  him  of  the  decision  of  the  Board  of  Management.  On  its
or  his  failure  to  pay  the  amount  accordingly,  it  shall  be  recovered  by  the  University
either  from  the  remuneration  payable  to  a  defaulter  or  by  instituting  necessary  legal
proceedings  against  the  defaulter  in  a  Court  of  Law.

(7) (a) Where  the  Board  of  Management or  any  of  its  member  or  the  Vice-Chancellor
is  alleged  to  have  caused  such  damage  or  loss  to  the  University,  the  Chancellor  may,
on  a  complaint  received  or  otherwise,  appoint  a  Committee  of  Enquiry  consisting  of  one
or  more  persons  for  the  purpose  of  making  an  inquiry  into  the  matter  and  for  submitting
a  report  to  him,  within  such  time  or  extended  time  as  may  be  specified  by  him.

28

Yashwantrao Chavan Maharashtra Open University
Act, 1989

[1989 : Mah.  XX

(b) On  receipt  of  the  report  of  the  Committee,  the  Chancellor  may  after  informing
the  Board  of  Management  or  any  member  thereof,  or  the  Vice-Chancellor,  as  the  case
may  be,  the  charges  against  it  or  him  and  after  giving  a  reasonable  opportunity  to  it
or  him  of  making  a  representation  in  respect  of  those  charges,  decide  what  action
should  be  taken  and  against  whom,  and  in  such  decision  shall  specify  the  amount  due
and  to  be  recovered  from  the  Board  of  Management,  or  any  member  thereof  or  the
Vice-Chancellor,  as  the  case  may  be.

(c) Any  amount  certified  by  the  Chancellor  to be  due  from the  Board  of  Management
or  any  member  thereof  or  the  Vice-Chancellor,  as  the  case  may  be,  shall  be  paid  by
it  or  him  to  the  University,  within  sixty  days  from  the  date  of  receipt  by  it  or  him
of  the  decision  of  the  Chancellor.  On  its  or  his  failure  to  pay  the  amount  accordingly,
it  shall  be  recovered  by  the  University  either  from  the  remuneration  payable  to  the
defaulter  or  by  instituting  necessary  legal  proceedings  against  the  defaulter  in  a  Court
of  Law.

H  235-3,360 Bks.-11.2013

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