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1
RNI No. MAHENG/2009/35528

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+ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö

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+ºÉÉvÉÉ®úhÉ Gò¨ÉÉÆEò 78
|ÉÉÊvÉEÞòiÉ |ÉEòÉ¶ÉxÉ

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Ê´ÉÊvÉ ´É xªÉÉªÉ Ê´É¦ÉÉMÉÉEòbÚ÷xÉ +É±Éä±ÉÒ Ê´ÉvÉäªÉEäò (<ÆOÉVÉÒ +xÉÖ´ÉÉnù).

In pursuance of clause (3) of article 348 of the Constitution of India, the following translation
in  English  of  the Dr.  Vishwanath  Karad  MIT  World  Peace  University  Act,  2016  (Mah.  Act
No. XXXV of 2017),  is hereby published under the authority of the Governor.

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

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

————————

MAHARASHTRA ACT NO XXXV OF 2017.

(First  published,  after  having  received  the  assent  of  the  Governor  in  the  “Maharashtra

Government Gazette”, on the 3rd May 2017).

An  Act  to  provide  for  the  establishment,  incorporation  and  regulation  of
Dr.  Vishwanath  Karad  MIT  World  Peace  University,  for  the  develo-
pment and advancement of higher education in the State and to
provide  for  matters  connected  therewith  or  incidental  thereto.

WHEREAS it  is  expedient  to  provide  for  establishment,  incorporation
and  regulation  of  Dr.  Vishwanath  Karad  MIT  World  Peace  University,  for
the  development  and  advancement  of  higher  education  in  the  State  and  to
provide  for  matters  connected  therewith  or  incidental  thereto;  for  the
purposes  hereinafter  appearing;  it  is  hereby  enacted  in  the  Sixty-seventh
Year of the Republic of India as follows :—

1.

(1) This  Act  may  be  called  the  Dr.  Vishwanath  Karad  MIT World

Peace University  Act, 2016.

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

by  notification  in  the Official  Gazette, appoint.

¦ÉÉMÉ +É`ö----78-1

Short title
and
commencement.

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Definitions.

2.

In  this  Act,  unless  the  context  otherwise  requires,—

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

constituted  under  section  22;

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

established;

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

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

includes  teachers,  officers  and  other  staff  of  the  University;

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

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

Maharashtra;

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

section  21;

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

at the  stage of  school education;

(i) “hostel”  means  a  place  of  residence  for  the  students  of  the
University, or its institutions and study centers, established or recognized
to be as such by the University;

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

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

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

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

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

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

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

(p) “sponsoring body” means the Maharashtra Academy of Engineering
and Educational Research, Pune registered as a society under the Societies
Registration Act, 1860 and as a trust under the Maharashtra Public Trusts
Act;

21 of
1860.
XXIX of
1950.

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

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

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

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3

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

(u)  “teacher”  means  a  Professor,  Associate  Professor,  Assistant
Professor  or  any  other  person  required  to  impart  education  or  to  guide
research or to render guidance in any form to the students for pursuing a
course  of  study  of  the  University;

(v) “University”  means  the  Dr.  Vishwanath  Karad  MIT  World  Peace

University,  Pune,  established  under  this  Act.

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

Dr.  Vishwanath  Karad  MIT  World  Peace  University,  Pune.

Incorporation
of University.

(2) The President, the Vice-Chancellor, the Governing Body, the Board
of  Management,  the  academic  council  and  all  other  persons  who  may
hereafter  become  such  officers  or  members  so  long  as  they  continue  to
hold such office or membership, are hereby constituted and declared to be
a  body  corporate  by  the  name  of  the  “Dr.  Vishwanath  Karad  MIT  World
Peace  University,  Pune”.

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

and shall sue and be sued by the said name.

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

(5) The  University  shall  be  situated  and  have  its  head-quarter  at
Dr.  Vishwanath  Karad  MIT  World  Peace  University,  Pune  411  038,
Maharashtra.

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

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

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

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

hearts and hands) abilities;

(d) to  create  higher  levels  of  intellectual  abilities ;

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

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

development;

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

education  programmes;

¦ÉÉMÉ +É`ö----78-1+

Objects of
University.

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

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

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

public  organizations  and  society;

(k) to  start  higher  education  programmes,  courses  in  new  and

emerging  areas  with  innovative  approaches;

(l) to  establish  links,  collaborations  and  partnerships  with  other

higher  education  and  research  institutions  in  India  and  abroad;

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

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

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

Government;

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

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

namely :—

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

(ii) to  institute  and  confer  degrees,  diplomas,  certificates,  awards,

grades,  credits  and  academic  distinctions;

(iii) to  conduct  and  hold  examinations;

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

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

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

allied  matters;

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

(viii) to  institute  and  award  fellowships,  scholarships,  studentships

as may be specified;

52 of 1987.

73 of 1993.

3 of 1956.
8 of 1948.
25 of 1961.

Powers and
functions of
University.

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5

(ix) to take special measures for spreading educational facilities among

the  educationally  backward  strata  of  the  society;

(x) to  encourage  and  promote  sports  and  other  extra­curricular

activities;

(xi) to create technical, administrative and other necessary posts and

to  make  appointments  thereto;

(xii) to undertake research projects on mutually acceptable terms and

conditions;

(xiii) to  provide  consultancy  services;

(xiv) to frame statutes, ordinances, rules and regulations for carrying
out the objects of the University in accordance with the provisions of this
Act;

(xv) to  encourage  and  promote co-curricular  activities  for  personality

development  of  the  teachers,  students  and  employees  of  the  University;

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

(xvii) to  make  such  provisions  for  integrated  courses  in  different

disciplines  in  the  educational  programmes  of  the  University;

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

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

(xx) to  prescribe  the  fee  structure  for  various  courses  from  time  to

time as per the provisions of this Act;

(xxi) to  demand  and  receive  the  payments  of  such  fees  and  other

charges, as may be specified, from time to time;

(xxii) to  seek  collaboration  with  other  institutions  on  mutually

acceptable  terms  and  conditions;

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

(xxiv) to organize and to undertake extra-mural teaching and extension

services;

(xxv) to establish  and maintain halls  and hostels;

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

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

(xxviii) to  make  arrangements  for  promoting  health  and  general

welfare  of  the  students  and  the  employees  of  the  University;

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

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

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

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

(xxxiii)

to  do  all  such  things  as  may  be  necessary,  incidental  or
conducive to the attainment of all or any of the objects of the University.

University
open to all.

6.

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

(2) The  University  shall  adopt  the  Government  policy  and  orders
issued, from time to time, in regard to the reservation for Scheduled Castes,
Scheduled Tribes, De-notified Tribes (Vimukla Jatis), Nomadic Tribes, SBC-
A and Other Backward Classes for the purpose of admission of students in
the  University  departments  and  institutions.

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

University to
be self-
financed.
Endowment
Fund.

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

receive  any  grant  or  other  financial  assistance  from  the  Government.

8.

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

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

(3) The Government shall have the powers to forfeit, in the prescribed
manner, a part or whole of the Endowment Fund, in case the University or
the  sponsoring  body  contravenes  any  of  the  provisions  of  this  Act,  rules,
statutes,  ordinances  or  regulations  made  thereunder.

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

(5) The amount of Endowment Fund shall be kept invested, until the
dissolution  of  the  University,  by  way  of  long-term  securities  received  or
guaranteed by the Government, subject to the condition that, the amounts

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7

so invested from the Fund shall not be withdrawn without the permission
of  the  Government.

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

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

General Fund.

General  Fund”  to  which  following  shall  be  credited,  namely:-

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

(ii) any contribution made by the sponsoring body;

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

by  the  University;

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

(v) all  other  sums  received  by  the  University.

10. The  General  Fund  shall  be  utilized  for  meeting  all  expenses,
recurring  or  non-recurring  in  connection  with  the  affairs  of  the  University:

Application of
General Fund.

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

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

(i) the  President;

(ii) the  Vice-Chancellor;

(iii) Deans  of  Faculties;

(iv) the  Registrar;

(v) the  Chief  Finance  and  Accounts  Officer;

(vi)  the  Controller  of  Examinations;  and

Officers of
University.

(vii) such  other  persons  in  the  service  of  the  University,  as  may  be

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

12.

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

President.

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

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

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

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

(a) to call for any information or record from any officer or authority

of the University, relating to the affairs of the University;

(b) to  appoint  the  Vice-Chancellor;

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

of sub-section (7) of section 14;

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

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

body, if it is satisfied that the incumbent,—

Removal of
President.

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

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

turpitude;

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

competent  court;

(d) become physically unfit and incapable of discharging the functions

or  duties  of  the  office  due  to  protracted  illness  or  physical  disability;  or

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

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

Vice-
Chancellor.

14.

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

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

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

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

(3) The  Vice-Chancellor  shall  preside  over  at  the  convocation  of  the

University  in  the  absence  of  the  President.

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

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

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

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

duties as may be specified by the statutes or the ordinances.

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

Provided that, before taking any action under this sub­section, the Vice-

Chancellor  shall  be  given an  opportunity  of  being  heard.

15.

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

Deans of
Faculties.

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

16.

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

Registrar.

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

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

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

(5) The  Registrar  shall  exercise  such  other  powers  and  perform  such
other duties, as may be prescribed by or under this Act, or, as may be conferred
on  him  by  the  statutes  or,  may  be  assigned  to  him,  by  the  Vice-Chancellor,
from time to lime.

17.

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

Controller of
Examina-
tions.

(2) The  Controller  of  Examinations  shall  be  the  Principal  officer-in-
charge  of  the  conduct  of  examinations  and  tests  of  the  University  and
declarations  of  their  results.  He  shall  discharge  his  functions  under  the
superintendence,  directions  and  guidance  of  the  Vice-Chancellor.

(3) The  Controller  of  Examinations  shall  be  a  full-time  salaried  officer
of  the  University  and  shall  work  directly  under  the  direction  and  control  of
the  Vice-chancellor.  His  appointment  shall  be  for  a  term  of  three  years  and
he shall be eligible for re­appointment for a term not exceeding three years.
The  qualifications  and  experience  for  the  purpose  of  selection  of  the
Controller shall be such, as may be prescribed by the statutes.

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

(a) preparing  and  announcing  in  advance,  the  calendar  of

examinations;

(b) arrangement  for  printing  of  question  papers;

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

and  other  tests;

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

(e) reviewing, from time to time, the results of University examinations

and  forward  reports  thereon  to  the  Academic  Council.

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

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

18.

(1) The  Chief  Finance  and  Accounts  Officer  shall  be  the  principal

finance,  accounts  and  audit officer  of  the  University.

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

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

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

Chief Finance
and Accounts
Officer.

Other Officers.

19.

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

necessary  for  its  functioning.

Authorities of
University.

Governing
Body.

(2) The  manner  of  appointment  of  other  officers  of  the  University,  the
terms and conditions of service of such officers and their powers and functions
shall be such, as may be specified by the statutes.

20. The  following  shall  be  the  authorities  of  the  University,  namely:-

(i)  the  Governing  Body;

(ii) the Board of Management;

(iii)  the  Academic  Council;

(iv) the Board of Examinations; and

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

authorities  of  the  University.

21.

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

following  members,  namely :—

(i)  the  President ;

(ii)  the  Vice-Chancellor ;

(iii) five persons, nominated by the sponsoring body out of whom two

shall  be  eminent  educationists ;

(iv) one expert of management or information technology from outside

the  University,  nominated  by  the  President ;

(v) two  persons,  nominated  by  the  State  Government ;

(vi) two  representatives  of  the  industries  to  be  nominated  by  the

President ;

(vii) the Registrar of the University shall be the permanent invitee to

the Governing Body, but shall not have right to vote.

(2) The Governing Body shall be the supreme authority of the University.

(3) The  Governing  Body  shall  have  the  following  powers,  namely:-

(a) to  provide  general  superintendence  and  directions  and  to  control
functioning of  the University  by using  all such  powers as  are provided  by
this Act or the statutes, ordinances, regulations or rules made thereunder;

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

(c) to  approve  the  budget  and  annual  report  of  the  University;

(d) to  lay  down  the  policies  to  be  followed  by  the  University;

(e) to  recommend  to  the  sponsoring  body  about  the  voluntary
liquidation of the University, if a situation arises when smooth functioning
of the University does not remain possible, in spite of all efforts; and

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

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

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

22.

(1)  The  Board  of  Management  shall  consist  of  the  following

members, namely :—

(i)  the  Vice-Chancellor;

(ii) two members of the Governing Body, nominated by the sponsoring

body;

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

Vice-Chancellor;

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

nominated  by the  sponsoring body;  and

(v) three  persons  from  amongst  the  teachers,  nominated  by  the

sponsoring  body.

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

Management.

Board of
Management.

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

as may be specified by the statutes.

(4) The  Board  of  Management  shall  meet  at  least  once  in  every  two

months.

(5) The quorum for meetings of the Board of Management shall be five.

23.

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

such other members, as may be specified by the statutes.

Academic
Council.

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

Academic  Council.

(3) The  Academic  Council  shall  be  the  principal  academic  body  of  the
University  and  shall,  subject  to  the  provisions  of  this  Act  and  the  rules,
statutes  and  ordinances  made  thereunder,  co­ordinate  and  exercise  general
supervision  over  the  academic  policies  of  the  University.

(4) The quorum for meetings of the Academic Council shall be such, as

may be specified by the statutes.

24.

(1)  The  Board  of  Examinations  shall  be  the  principal authority  of
the University for conducting the examinations and making policy decisions
in  regard  to  organizing  and  holding  examinations,  improving  the  system  of
examinations, appointing the paper-setters, examiners, moderators and also
prepare the Schedule of Eixaminations and declaration of results. The Board
of Examinations should also oversee and regulate the conduct of examinations
in  study  centers,  or  any center  related  to  the  University.

Explanation.—  For  the  purposes  of  this  section  and  of  section  38,  the
expression  “Schedule  of  Examinations”  means  a  table  giving  details  about

Board of
Examination.

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the time, day and date of the commencement of each paper which is a part of
a Scheme of Examinations and shall also include the details about the practical
examinations.

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

namely:—

(i)  the  Vice-Chancellor  —  Chairperson;
(ii) Professor of each subject — Member;
(iii)  one  evaluation  expert,

co-opted  by  the  Board  of  Examinations  —  Member;
(iv)  the  Controller  of  Examinations  —  Member-Secretary.

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

as may be laid down by the statutes.

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

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

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

authorities  or  bodies  of  the  University,  if  he,—

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

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

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

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

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

27. No  act  or  proceedings  of  any  authority  or  body  of  the  University
shall be invalid merely by reason of any vacancy or defect in the constitution
thereof.

28.

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

Constitution,
powers and
functions of
other
authorities of
University.
 Disqualifications.

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

Filling of
casual
vacancies.

Committees.

29.

(1)  The  authorities  or  officers  of  the  University  may  constitute
committees  with  such  terms  of  reference  for  specific  tasks  to  be  performed
by such committees, as may be necessary.

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

by the statutes.

First  statutes.

30.

(1)  The  first  statutes  of  the  University  shall  be  made  by  the
Governing Body  and shall be  submitted to  the Government for  its approval.

(2) Subject to the provisions of this Act, and the rules made thereunder,
the first statutes of the University may provide for all or any of the following
matters, namely :—

(a) the  constitution,  powers  and  functions  of  the  authorities  and
other bodies of the University, as may be constituted, from time to time;

(b) the terms and conditions of appointment of the Vice- Chancellor

and his powers  and functions;

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(c) the manner of appointment and terms and conditions of service
of  the  Deans  of  Faculties,  Registrar  and  Chief  Finance  and  Accounts
Officer  and  their  powers  and  functions;

(d) the manner of appointment and terms and conditions of service

of  the  employees  and  their  powers  and  functions;

(e) the  procedure  for  arbitration  in  case  of  disputes  between

employees,  students  and  the  University;

(f) the  conferment  of  honorary  degrees;
(g) the  provisions  regarding  exemption  of  students  from  payment

of  tuition  fee  and  for awarding  to  them  scholarships  and  fellowships;

(h) provisions  regarding  the  policy  of  admissions,  number  of  seats

in  different  courses  including  regulation  of  reservation  of  seats;  and

(i) provisions  regarding  fees  to  be  charged  from  the  students.
(3) The  Government  shall  consider  the  first  statutes,  submitted  by  the
Governing  Body  and  shall,  within  four  months  from  the  date  of  its  receipt,
give  its  approval  thereon  with  such  modifications,  if  any,  as  it  may  deem
necessary.

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

31.

(1)  Subject  to  the  provisions  of  this  Act  and  the  rules  made
thereunder, the subsequent statutes of the University may provide for all or
any of the  following matters, namely :—

Subsequent
statutes.

(a) creation  of  new  authorities  of  the  University;
(b) accounting  policy  and  financial  procedure;
(c) representation  of  teachers  in  the  authorities  of  the  University;
(d) creation  of  new  departments  and  abolition  or  restructuring  of

existing  departments;

(e) institution  of  medals  and  prizes;
(f) creation  of  posts  and  procedure  for  abolition  of  posts;
(g) revision  of  fees;
(h) alteration of the number of seats in different syllabi; and
(i) all  other  matters  which  under  the  provisions  of  this  Act  are  to

be  specified  by  the  statutes.
(2)  The statutes  of the  University other  than  the first  statutes shall  be
made by the Board of Management with the approval of the Governing Body.

(3)  The  Board  of  Management  may,  from  time  to  time,  make  new  or
additional  statutes  or  may  amend  or  repeal  the  statutes  so  made  in  the
manner  hereinafter  provided  in  this  section  :

Provided that, the Board of Management shall not make any statute or
any  amendment  of  the  statutes  affecting  the  status,  powers  or  constitution
of any existing authority of the University until such authority has been given
an opportunity of expressing an opinion on the proposal, and any opinion so
expressed shall be in writing and shall be considered by the Governing Body.

(4) Every such statute or addition to the statutes or any amendment or

repeal of the statutes shall be subject to the approval of the Government :

Provided  that,  no  statutes  shall  be  made  by  the  Board  of  Management
affecting  the  discipline  of  students  and  standards  of  instruction,  education
and  examination  except  in  consultation  with  the  Academic  Council.
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First
ordinances.

32.

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

(2)  Subject  to  the  provisions  of  this  Act  or  the  rules  or  statutes  made
thereunder, the Board of Management may make such first ordinances with
the  approval  of  the  Governing  Body  as  it  deems  appropriate  for  the
furtherance of the objects of the University and such ordinances may provide
for all or any of the following matters, namely:-

(a) the admission of students to the University and their enrolment

as such;

(b) the  courses  of  study  to  be  laid  down  for  the  degrees,  diplomas

and  certificates  of  the  University;

(c) the  award  of  the  degrees,  diplomas,  certificates  and  other
academic distinctions, the minimum qualifications for the same and the
means to be taken relating to the granting and obtaining of the same;

(d) the  conditions  for  awarding  of  fellowships,  scholarships,

stipends,  medals  and  prizes;

(e) the  conduct  of  examinations,  including  the  terms  of  office  and
manner  of  appointment  and  the  duties  of  examining  bodies,  examiners
and  moderators;

(f) fees to be charged for the various courses, examinations, degrees

and  diplomas  of  the  University;

(g) the conditions  of residence  of the  students in  the hostels  of the

University;

(h) provisions  regarding  disciplinary  action  against  the  students;

(i) the creation, composition and functions of any other body which
is considered necessary for improving the academic life of the University;

(j)  the  manner  of  co-operation  and  collaboration  with  other

Universities  and  institutions  of  higher  education;  and

(k)  all  other  matters  which  are  required  to  he  provided  by  the
ordinances  under  the  provisions  of  this  Act  or  the  statutes  made
thereunder.

(3) The  Government  shall  consider  the  first  ordinances  submitted  by
the Vice-Chancellor under sub-section (1) and shall give its approval, within
four months from the date of its receipt, with such modifications, if any, as it
may  deem  necessary.

Subsequent
ordinances.

33.

(1) All ordinances other than the first ordinances shall be made by
the  Academic  Council  which,  after  being  approved  by  the  Board  of
Management shall  be submitted to the  Governing Body, for  its approval.

(2) The  Academic  Council  shall  either  modify  the  ordinances
incorporating the suggestions of the Board of Management and the Governing
Body or give reasons for not incorporating the suggestions, and shall return
the  ordinances  along  with  such  reasons,  if  any.  The  Board  of  Management
and  the  Governing  Body  shall  consider  the  suggestions  of  the  Academic
Council  and  shall  approve  the  ordinances  of  the  University  with  or  without
such  modification  and  then  the  ordinances,  as  approved  by  the  Governing
Body  shall  come  into  force.

34. The authorities of the University may, subject to the prior approval
of the Board of Management, make regulations, consistent with the provisions
of  this  Act,  the  rules,  statutes  and  the  ordinances  made  thereunder,  for  the
conduct of  their own business and  of the committees appointed  by them.

Regulations.

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15

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

Admission.

of  merit.

(2) Merit for admission in the University may be determined, either on
the  basis  of  marks  or  grade  obtained  in  the  qualifying  examination  for
admission  and  achievements  in  co-curricular  and  extra-curricular  activities
or on the basis of marks or grade obtained in the entrance test conducted at
State  level  either  by  an  association  of  the  Universities  conducting  similar
courses or by any agency of the State :

Provided  that,  admission  in  professional  and  technical  courses  shall  be

made  only  through  the  entrance  test.

(3) Seats for admission in the University, for the students belonging to
Scheduled  Castes,  Scheduled  Tribes,  De-notified  Tribes  (Vimukta  Jatis),
Nomadic  Tribes,  Other  Backward  Classes  and  handicapped  students,  shall
be  reserved  as  per  the  policy  of  the  State  Government:

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

per  cent.

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

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

Fee structure.

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

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

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

(a)  sufficient  for,–

(i) generating resources for meeting the recurring expenditure

of the University; and

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

University;  and

(b)  not  unreasonably  excessive.

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

(6) The State Government shall not reimburse any fees or shall not take
any financial liability for students belonging to the backward classes admitted
into  the  University.

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

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

37. (1)  No  capitation  fee  shall  be  collected  by  or  on  behalf  of  the
University  or  by  any  person  who  is  in  charge  of,  or  is  responsible  for,  the
management  of  such  institution,  from  or  in  relation  to  any  student  in
consideration of his admission to and prosecution of any course of study or of
his promotion to a higher standard or class in such institution.
¦ÉÉMÉ +É`ö----78-3+

Prohibition of
Capitation fee.

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Schedule of
Examinations.

Declaration of
results.

Mah. VI
of 1988.

(2)  Notwithstanding  anything  contained  in  sub-section  ( 1),  the
management may in good faith collect or accept donations in cash or kind, in
the  prescribed  manner,  from  benevolent  persons  or  organizations  or  public
trusts  or  any  other  association  of  persons,  for  opening  of  new  educational
institutions  or  for  creation  of  Endowment  Fund  for  award  of  scholarship,
prizes  or  the  like,  but  while  collecting  or  accepting  such  donations,  the
management  shall  not  reserve  any  seats  in  any  educational  institution  run
by it in consideration of such donations. Where in consideration of accepting
such  donations  any  seat  is  reserved  for  admission  to  any  student  in  such
institution, such acceptance of donation shall  be deemed to be the collection
of  capitation  fee,  within  the  meaning  of  clause  (a)  of  section  2  of  the
Maharashtra  Educational  Institutions  (Prohibition  of  Capitation  Fee)  Act,
1987.

38. At the beginning of each academic session and in any case not later
than  30th  June  of  every  calendar  year,  the  University  shall  prepare  and
publish  a  semester-wise  or  annual,  as  the  case  may  be,  Schedule  of
Examinations  for  each  and  every  course  conducted  by  it  and  shall  strictly
adhere  to  such  Schedule:

Provided that, if for any reason whatsoever, the University is unable to
follow  this  Schedule,  it  shall,  as  soon  as  practicable,  submit  a  report  to  the
Government  giving  the  detailed  reasons  for  making  a  departure  from  the
published  Schedule  of  Examinations.  The  Government  may,  thereon,  issue
such directions, as it may deem fit, for better compliance in future.

39.

(1) The  University  shall  strive  to  declare  the  results  of  every
examination  conducted  by  it  within  thirty  days  from  the  last  date  of  the
examination for a particular course and shall in any case declare the results
latest within  forty-five days  from such  date:

Provided that, if for any reason whatsoever, the University is unable to
finally  declare the  results  of any  examination within  the  period of  forty-five
days,  it  shall  submit  a  report  incorporating  the  detailed  reasons  for  such
delay  to  the  Government.  The  Government  may,  thereon,  issue  such
directions, as it may deem fit, for better compliance in future.

(2) No examination or the results of an examination shall be deemed to
be  invalid  only  for  the  reasons  that  the  University  has  not  followed  the
Schedule  of  Examinations  as  stipulated  in  section  38  or  that  the  University
has failed to declare the results within the period specified in sub-section (1).

Convocation.

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

Accreditation.

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

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

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

Annual
report.

43.

(1) The  annual  report  of  the  University  shall  be  prepared  by  the
Board  of  Management  which  shall  include  among  other  matters,  the  steps

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17

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

(2) Copies  of  the  annual  report  prepared  under  sub-section  (1), shall

also  be  presented  to  the  Government.

(3) The State Government shall cause such report to be laid before each

House  of  the  State  Legislature.

44.

(1)  The  annual accounts  including  balance  sheet of  the  University
shall be prepared under the directions of the Board of Management and the
annual accounts shall be audited at least once in every year by the auditors
appointed  by  the  University  for  this  purpose.

Annual
accounts and
audit.

(2) A  copy  of  the  annual  accounts  together  with  the  audit  report  shall

be  submitted  to  the  Governing  Body.

(3) A  copy  of  the  annual  accounts  and  audit  report  along  with  the
observations  of  the  Governing  Body  shall  be  submitted  to  the  sponsoring
body.

(4) Copies  of  annual  accounts  and  balance  sheet  prepared  under

sub-section  (1),  shall  also  be  presented  to  the  Government.

(5) The advice of the Government, if any, arising out of the accounts and
audit report of the University shall be placed before the Governing Body and
the  Governing  Body  shall  issue  such  directions,  as  it  may  deem  fit  and
compliance  thereof  shall  be  reported  to  the  Government.

45.

(1)  For  the  purpose  of  ascertaining  the  standards  of  teaching,
examination and research or any other matter relating to the University, the
Government  may,  after  consultation  with  the  Vice-Chancellor,  cause  an
assessment to be made in such manner, as may be prescribed, by such person
or persons as it may deem fit.

Power of
Government
to inspect
University.

(2) The  Government  shall  communicate  to  the  University  its
recommendations  in  regard  to  the  result  of  such  assessment  for  corrective
action and the University shall take such corrective measures as are necessary
so  as  to  ensure  the  compliance  of  the  recommendations.

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

46. (1)  The  sponsoring  body  may  dissolve  the  University  by  giving  a
notice  to  this  effect  to  the  Government,  the  employees  and  the  students  of
the University at least one year in advance:

Provided  that,  dissolution  of  the  University  shall  have  effect  only  after
the last batches of students of the regular courses have completed their courses
and  they  have  been  awarded  degrees,  diplomas  or  awards,  as  the  case  may
be.

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

the  University shall  vest in  the sponsoring  body:

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

Dissolution of
University by
sponsoring
body.

47.

(1)  If  it  appears  to  the  Government  that  the  University  has
contravened  any  of  the  provisions  of  this  Act  or  the  rules,  statutes  or
ordinances made thereunder or has contravened any of the directions issued
by it under this Act or has ceased to carry out any of the undertaking given

Special power of
State
Government in
certain
circumstances.

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under section 5 of this Act or a situation of financial mis-management or mal-
administration  has  arisen  in  the  University,  it  shall  issue  notice  requiring
the University to show cause within forty-five days as to why an order of its
liquidation  should  not  be  made.

(2) If the Government, on receipt of reply of the University on the notice
issued  under  sub-section  (1),  is  satisfied  that  there  is  a prima  facie  case  of
contravention of all or any of the provisions of this Act or the rules, statutes
or  Ordinances  made  thereunder  or  of  contravention  of  the  directions  issued
by  it  under  this  Act  or  of  ceasing  to  carry  out  the  undertaking  given  under
section 5 or of financial mis-management or mal-administration, it shall make
an order of such enquiry, as it may consider necessary.

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

(4) The  inquiry  officer  or  officers  appointed  under  sub-section  (3),  shall
have  the  same  powers  as  are  vested  in  a  civil  court  under  the  Code  of  Civil
Procedure,  1908  while  trying  a  suit  in  respect  of  the  following  matters,
namely:—

5 of
1908.

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

examining him on oath;

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

any other material, as may be predicable in evidence;

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

(d) any other matter, which may be prescribed.

(5) The  inquiry  officer  or  officers,  inquiring  under  this  Act,  shall  be
deemed to be a Civil Court for the purposes of section 195 and Chapter 26 of
the  Code  of  Criminal  Procedure.  1973.

2 of
1974.

(6) On receipt of the enquiry report from the officer or officers appointed
under sub-section (3), if the Government is satisfied that the University has
contravened all or any of the provisions of this Act or the rules, statutes, or
ordinances  made  thereunder  or  has  violated  any  of  the  directions  issued  by
it  under  this  Act  or  has  ceased  to  carry  out  the  undertakings  given  by  it
under  section  5  of  this  Act  or,  a  situation  of  financial  mis-management  and
mal-administration has arisen in the University which threatens the academic
standard  of  the  University,  it  shall  issue  a  preliminary  order  for  the
liquidation  of  the  University  and  appoint  an  administrator.

(7) The  administrator  appointed  under  sub-section  (6),  shall  have  all
the  powers  and  be  subject  to  all  the  duties  of  the  Governing  Body  and  the
Board of Management under this Act and shall administer the affairs of the
University  until  the  last  batch  of  the  students  of  the  regular  courses  have
completed  their  courses  and  they  have  been  awarded  degrees,  diplomas  or
awards, as the case may be.

(8) After  having  awarded  the  degrees,  diplomas  or  awards,  as  the  case
may  be,  to  the  last  batches  of  the  students  of  the  regular  courses,  the
administrator  shall make  a  report to  this  effect  to the  Government.

(9) On receipt of the report under sub-section (8), the Government shall,
by  notification  in  the Official  Gazette,  issue  a  final  order  dissolving  the
University and from the date of publication of such notification, the University
shall stand dissolved and all the assets and liabilities of the University shall
vest in the sponsoring body from such date.

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19

Secretary level
Committee  and
operationalization
of University.

48.

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

(2) The  Committee  constituted  under  sub-section  (1),  shall  submit  its

report  to  the  Government.

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

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

notification  under  sub-section  (3).

49.

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

make rules for carrying out the purposes of this Act.

Power to
make rules.

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

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

(a) matters  to  be  prescribed  under  clause  (d)  of  sub­section  (4)  of

section  47;

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

by rules.

(3) All  the  rules  made  under  this  Act  shall  be  laid,  as  soon  as  may  be,
after  it  is  made,  before  each  House  of  the  State  Legislature,  while  it  is  in
session, for a total period of thirty days which may be comprised in one session
or in two successive sessions, and if, before the expiry of the session in which
they  are  so  laid  or  the  session  or  the  sessions  immediately  following,  both
Houses  agree  in  making  any  modification  to  the  rule  or  both  Houses  agree
that the rule should not be made, the rule shall from the date of publication
of a notification, have effect only in such modified form or be of no effect, as
the case may be; so, however, that any such modification or annulment shall
be  without  prejudice  to  the  validity  of  anything  previously  done  or  omitted
to  be  done  thereunder.

50.

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

Power to
remove
difficulty.

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

of two years form the date of commencement of this Act.

(2) Every order made under sub-section (1), shall be laid, as soon as may

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

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

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