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L. A. BILL No. XXVII OF 2018.

A BILL

to provide for establishment, incorporation and regulation of Chhatrapati

Shivaji Maharaj University, Panvel, for the development and advancement

of higher education in the State and to provide for matters

connected therewith or incidental thereto.

WHEREAS, it is expedient to provide for establishment, incorporation

and regulation of the Chhatrapati Shivaji Maharaj University, Panvel for the

development and advancement of higher education in the State and to provide

for matters connected therewith or incidental thereto ; it is hereby enacted

in the Sixty-ninth Year of the Republic of India, as follows :—

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

University, Panvel Act, 2018.

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

by notification in the Official Gazette, appoint.

Short title and

commencement.

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MAHARASHTRA LEGISLATURE SECRETARIAT

The following Bill was introduced in the Maharashtra Legislative Assembly on the

26th March, 2018 is published under Rule 117 of the Maharashtra Legislative Assembly

Rules :—

RNI No. MAHBIL /2009/40123

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In this Act, unless the context otherwise requires,—

(i) “adjunct professor”, “adjunct associate professor” or “adjunct

assistant professor” means a person from industry, trade, commerce,

social, cultural, academic or any other allied field who is so designated

during the period of collaboration or association with the university;

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

by or under this Act;

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

constituted under section 22 of this Act;

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

established;

(v) “center of excellence” means the state-of-the-art training or

research center established in collaboration with industry or for the

benefit of the industry and society, to provide all types of relevant skills

to students, in-service employees, working professionals and to

undertake joint projects ;

(vi) “distance education” means education imparted by combination

of any two or more means of communication, viz. broadcasting,

telecasting, correspondence courses, seminars, contact programmes and

any other such methodology;

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

includes teachers, officers and other staff of the University;

(viii) “fee” means monetary collection made by the University or its

colleges, institutions or study centers, as the case may be, from the

students by whatever name it may be called, which is not refundable;

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

of Maharashtra.

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

section 21 of this Act;

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

at the stage of higher secondary school education;

(xii) “hostel” means a place of residence for the students of the

University, or its institutions and study centers, established or

recognized to be as such by the University;

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

Gazette;

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

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

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

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

University.

(xvii) “regulating body” means a body established by the Central

Government for laying down norms and conditions for ensuring academic

standards of higher education, such as University Grants Commission,

All India Council of Technical Education, National Council of Teacher

Education, Medical Council of India, Pharmacy Council of India, National

Council of Assessment and Accreditation, Indian Council of Agriculture

Research, Distance Education Council, Council of Scientific and Indian

Research etc. and includes the Government;

Definitions.

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

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

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

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

(xxi) “State” means State of Maharashtra;

(xxii) “statutes”, “ordinances” and “regulations” mean respectively,

the statutes, ordinances and regulations of the University made under

this Act;

(xxiii) “student” means a person enrolled in the University for taking

a course of study for a degree, diploma or other academic distinction

instituted by the University, including a research degree;

(xxiv) “study center” means a center established and maintained or

recognized by the University for the purpose of advising, counselling or

for rendering any other assistance required by the students in the context

of distance education;

(xxv) “Teacher” means a professor, associate professor, assistant

professor, adjunct professor or any other person required to impart

education or to guide research or to render guidance in any form to the

students for pursuing a course of study of the University;

(xxvi) “University” means the Chhatrapati Shivaji Maharaj

University, Panvel.

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

Chhatrapati Shivaji Maharaj University, Panvel.

(2) The President, the Vice-Chancellor, the governing body, the board

of management, the academic council and all other persons who may hereafter

become such officers or members so long as they continue to hold such office

or membership, are hereby constituted and declared to be a body corporate

by the name of “ the Chhatrapati Shivaji Maharaj University, Panvel.”.

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

and shall sue and be sued by the said name.

(4) The University shall function as a non-affiliating University

established under this Act and it shall not affiliate any other college or

Institute for the award conferment of degree, diploma and certificate of its

degree to the students admitted therein.

(5) The University shall be situated and have its head-quarters at Old

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

The objects of the University shall be as follows :—

(a) to provide learning, teaching, capacity, capability and skills

development and research and development in higher and technical

education, covering Liberal Arts, Humanities, Social Sciences, Life

Sciences and Biotechnologies, Nano-Sciences and Technologies,

Professional Disciplines such as Engineering, Technology, Management,

Business and Commerce, Applied and Creative Arts, Vocational

Education, Media, Information and Communication Technology and

Education per se and their inter-disciplinary studies and development ;

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

Technical Education, Arts, Sports, Culture, Film, Space Technologies,

Marine Research and make provisions for research;

Objects of

University.

XXI of

1860.

Incorporation.

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(head, hearts and hands) abilities;

(d) to create higher levels of intellectual abilities;

(e) to create and deploy new educational programs to promote

creativity, innovation and entrepreneurship for inventing of new ways

for development and social reconstruction and transformation;

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

development.

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

education programmes;

(h) to create centers of excellence for research and development in

Science and Technology and Socio Economic development, and for

sharing knowledge and its application;

(i) to use modern and post-modern processes, mechanisms and

technologies for governance and management of learning, teaching,

researching, evaluating, developing, organizing and creating socio-

economic wealth for individuals and society for 21st century;

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

and public organizations and society;

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

areas with innovative approaches;

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

higher education and research institutions in India and abroad;

(m) to institute degrees, diplomas, certificates and other academic

distinctions on the basis of examinations, or any other methods of

evaluation;

(n) to establish innovative approaches for creation of seamlessness

in academic structures, learning time-frames, and working and

continuous evaluation processes for nurturing and cultivation of

creativity and entrepreneurship;

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

Government;

(p) to ensure that the standard of the degree, diplomas, certificates

and other academic distinctions conferred by a university are not lower

than those laid down by the All India Council for Technical Education

or the National Council for Teacher Education established under the

National Council for Teacher Education Act, 1993 or the University Grants

Commission Act, 1956 or the Pharmacy Council of India constituted under

the Pharmacy Act, 1948 or the Bar Council of India constituted under

the Advocates Act, 1961 or any other statutory body, as the case may be.

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;

73 of

1993.

3 of 1956.

8 of 1948.

25 of 1961.

Powers

and

Functions.

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

grades, credits and academic distinctions;

(iii) to conduct and hold examinations;

(iv) to provide for the degrees, diplomas, certificates, equivalent or

corresponding to the degrees, diplomas, certificates of other recognized

Universities, Boards or Councils;

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

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

allied matters;

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

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

as may be specified;

(ix) to take special measures for spreading educational facilities

among the educationally backward strata of the society;

(x) to encourage and promote sports and other extra-curricular

activities;

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

and to make appointments thereto;

(xii) to undertake research projects on mutually acceptable terms

and conditions.

(xiii) to provide consultancy services;

(xiv) to frame statutes, ordinances, rules and regulations for carrying

out the objects of the University in accordance with the provisions of

the Act;

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

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

(xvi) to provide for dual degrees, diplomas or certificates vis-a-vis

other Universities on reciprocal basis within and outside the country as

per instructions of the State Government, Government of India and

University Grants Commission;

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

disciplines in the educational programmes of the University;

(xviii) to set-up colleges, institutions, off-campus centers, off-shore

campus and study centres, as per the instructions issued by the State

Government, Central Government and University Grants Commission,

from time to time;

(xix) to receive donations, gifts and grants and to acquire, hold,

manage and dispose of any property, movable or immovable, including

trust or endowed property within or outside the state for the purposes

and objects of the University and to invest funds;

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

time as per provisions of this Act;

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

as may be specified from time to time;

(xxii) to seek collaboration with other institutions on mutually

acceptable terms and conditions;

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(xxiii) to determine salaries, remunerations, honoraria to teachers

and employees of the University in accordance with the norms, specified

by the University Grants Commission and the other regulatory bodies;

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

extension services;

(xxv) to establish and maintain Halls and Hostels;

(xxvi) to recognize, supervise and control Halls and Hostels not

maintained by the University and other accommodation for the residence

of the students and to withdraw any such recognition;

(xxvii) to regulate and enforce discipline among students and

employees of the University and to take such disciplinary measures as

may be deemed necessary;

(xxviii) to make arrangements for promoting health and general

welfare of the students and the employees of the University;

(xxix) to co-operate with any other University in and outside the

country, authority or any public or private body having in view the

promotion of purposes and objects similar to those of the University for

such purposes as may be agreed upon, on such terms and conditions as

may, from time to time, be specified;

(xxx) to provide for the printing, re-printing and publication of

research and other work, including text books, which may be issued by

the University;

(xxxi) to comply and follow from time to time the provisions of the

University Grants Commission (Establishment and Maintenance of

Standards in Private Universities) Regulations, 2003 or any other

regulations or directions issued by the University Grants Commission;

(xxxii) to comply with and carry out directives issued by the State

Government from time to time, with reference to above powers, duties

and responsibilities of the University;

(xxxiii) to do all such things as may be necessary, incidental or

conducive to the attainment of all or any of the objects of the University.

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

university or from membership of any of its authorities, bodies or committees,

or from appointment to any post, or from admission to any degree, diploma,

certificate or other academic distinction or course of study on the ground

only of sex, race, creed, class, caste, place of birth, religious belief or

profession, or political or other opinion;

(2) The university shall adopt government policy and orders issued, from

time to time, in regard to the reservation for Scheduled Castes, Scheduled

Tribes Denotified Tribes (Vimukta Jatis), Nomadic Tribes, Other Backward

Classes, Other Backward Category for the purpose of admission of students

in the University departments and institutions.

(3) The University shall adopt the general policy of the State Government

in regard to the welfare of various categories of weaker sections of the society

and minorities as directed by the State Government from time to time.

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

receive any grant or other financial assistance from the Government.

University

open to all.

University to be

self-financed.

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(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 Endowment Fund may be utilized for the development

of infrastructure of the University but shall not be utilized to meet out the

recurring expenditure of the University.

(5) The amount of Endowment Fund shall be kept invested, until the

dissolution of the University, by way of long term securities received or

guaranteed by the Government subject to the condition that the amounts so

invested from the Fund shall not be withdrawn without the permission of

the Government.

(6) The certificates of the long term securities shall be kept in the safe

custody of the Government; and the Government shall have the right to encash

the deposit amount for the purpose mentioned in sub-section (3).

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

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

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

(ii) any contribution made by the sponsoring body;

(iii) any income received from consultancy and other works

undertaken by the University;

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

(v) all other sums received by the University.

10.

The General Fund shall be utilized for meeting all expenses,

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

Provided that, no expenditure shall be incurred by the University in

excess of the limits for total recurring expenditure and total non-recurring

expenditure for the year, as may be fixed by the board of management, without

the prior approval of the board of management.

11.

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

(i) the President;

(ii) the Vice-Chancellor;

(iii) Deans of Faculties;

(iv) the Registrar;

(v) the Chief Finance and Accounts Officer;

(vi) the Controller of Examinations; and

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

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

Endowment

Fund.

General Fund.

Application

of General Fund.

Officers of the

University.

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12.

(1) The President shall be appointed by the sponsoring body for a

period of three years, with the approval of the Government in such manner,

as may be prescribed by the rules.

(2) The eligibility and criteria for the post of President shall be as

may be prescribed by the rules and regulations issued by the State

Government.

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

(4) The President shall preside over at the meetings of the Governing

Body and convocation of the University for Conferring Degrees, diplomas

or other academic distinctions.

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

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

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

(b) to appoint the Vice-Chancellor;

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

(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,—

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

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

turpitude;

competent court;

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

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

(e) has willfully omitted or refused to carry out the provisions of

this Act or has committed breach of any of the terms and conditions of

the service contract or any other conditions laid down by the Statutes,

or has abused the powers vested in him or if the continuance of the

president in the office has become detrimental to the interests of the

University :

Provided that, the President shall be given a reasonable opportunity

to show-cause by the sponsoring body before taking recourse to action

under clauses (d) and (e) for his removal from the said office.

14.

(1) The Vice-Chancellor shall be appointed by the President, on

such terms and conditions as may be specified by statutes, from a panel of

three persons recommended by the Governing Body and shall, subject to the

provisions contained in sub-section (7), hold office for a term of three years:

Provided that, after the expiry of the term of three years, the Vice-

Chancellor shall be eligible for re-appointment for another term of three

years :

Provided further that, the Vice-Chancellor shall continue to hold

office even after the expiry of his term till new Vice-Chancellor joins,

however, in any case, this period shall not exceed one year.

President.

Removal of

President.

Vice-Chancellor.

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(2) The Vice-Chancellor shall be the principal executive and

academic officer of the University and shall have the powers of

superintendence and control over the affairs of the University and shall

execute the decisions of various authorities of the University.

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

University in the absence of the President.

(4) If in the opinion of the Vice-Chancellor, it is necessary to take

immediate action on any matter for which powers are conferred on any

other authority by or under this Act, he may take such action as he deems

necessary and shall at the earliest opportunity thereafter, report his

action to such officer or authority as would have in the ordinary course

dealt with the matter:

Provided that, if in the opinion of the concerned officer or authority

such action should not have been taken by the Vice-Chancellor, then

such case shall be referred to the President, whose decision thereon

shall be final.

(5) If, in the opinion of the Vice-Chancellor, any decision of any

authority of the University is outside the powers conferred by this Act

or statutes, ordinances, regulations or rules made there under or is likely

to be prejudicial to the interests of the University, he shall request the

concerned authority to revise its decision within fifteen days from the

date of decision and in case the authority refuses to revise such decision

wholly or partly or fails to take any decision within fifteen days, then

such matter shall be referred to the President and his decision thereon

shall be final.

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

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

(7) If at any time upon representation made or otherwise and after

making such inquiry, as may be deemed necessary, the situation so

warrants and if the continuance of the Vice-Chancellor is not in the

interests of the University, the President with approval of Governing

Body may, by an order in writing stating the reasons therein, ask the

Vice-Chancellor to relinquish his office from such date as may be specified

in the order:

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

Vice- Chancellor shall be given an opportunity of being heard.

15.

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

such manner and on such terms and conditions of service as may be specified

by the statutes.

(2) The Deans of Faculties, shall assist the Vice-Chancellor in managing

the academic and other affairs of the University and, shall exercise such

powers and perform such functions as may be prescribed by the regulations

or entrusted by the President and Vice-Chancellor.

16.

(1) The Registrar shall be appointed by the President in such

manner and on such terms and conditions of service as may be specified by

the statutes.

(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

Deans of

Faculties.

Registrar.

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and authenticate records on behalf of the University. He shall exercise

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

(3) The Registrar shall be the Member-Secretary of the Governing

Body, Board of Management and Academic Council, but shall not have

the right to vote.

(4) The registrar shall be the custodian of the records, the common

seal and such other property of the University as the Governing Body

may, commit to his charge.

(5) The registrar shall exercise such other powers and perform such

other duties as may be prescribed by or under this Act, or, as may be

conferred on him by the statutes or, may be assigned to him, by the

Vice-Chancellor, from time to time.

17.

(1) The Controller of Examinations shall be appointed by the

President in such manner and on such terms and conditions of service as

may be specified by the statutes.

(2) The Controller of Examinations shall be the Principal officer-

in-charge of the conduct of examinations and tests of the University and

declarations of their results. He shall discharge his functions under the

superintendence, directions and guidance of the Vice-Chancellor.

(3) The Controller of Examinations shall be a full-time salaried

officer of the University and shall work directly under the direction

and control of the Vice-Chancellor of the University. His appointment

shall be for a term of three years and he shall be eligible for re-

appointment for a term not exceeding three years. The qualifications

and experience for the purpose of selection of the Controller shall be

such as may be prescribed by the statutes.

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

(a) preparing and announcing in advance the calendar of

examinations;

(b) arrangement for printing of question papers;

examinations and other tests;

(d) taking disciplinary action where necessary against the

candidates, paper-setters, examiners, moderators, or any other

persons connected with examinations and found guilty of

malpractices in relations to the examinations;

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

examinations and forward reports thereon to the Academic Council.

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

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

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.

Controller of

Examinations.

Chief Finance

and Accounts

Officer.

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19.

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

necessary for its functioning.

(2) The manner of appointment of other officers of the University,

the terms and conditions of service of such officers and their powers

and functions shall be such as may be specified by the statutes.

20.

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

(a) the Governing Body;

(b) the Board of Management;

(d) the Board of Examinations; and

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

the authorities of the University.

21.

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

following members, namely :—

(a) the President;

(b) the Vice-Chancellor;

two shall be eminent educationists;

(d) one expert of management or information technology from

outside the University, nominated by the President;

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

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

president;

(g) the Registrar of the University shall be the permanent invitee

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

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

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

(a) to provide general superintendence and directions and to control

functioning of the University by using all such powers as are provided

by this Act or the statutes, ordinances, regulations or rules made there

under;

(b) to review the decisions of other authorities of the University in

case they are not in conformity with the provisions of this Act or the

statutes, ordinances, regulations or rules made there under;

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

(e) to recommend to the sponsoring body about the voluntary

liquidation of the University if a situation arises when smooth functioning

of the University does not remain possible, inspite of all efforts; and

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

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

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

Authorities of

University.

Governing Body.

Other Officers.

¦ÉÉMÉ {ÉÉSÉ-+-20----2+

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22.

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

members, namely :—

(a) the Vice-Chancellor;

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

body;

Vice-Chancellor;

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

nominated by the sponsoring body; and

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

sponsoring body.

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

Management.

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

as may be specified by the statutes.

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

months.

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

23.

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

such other members as may be specified by the Statutes.

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

Academic Council.

(3) The Academic Council shall be the principal academic body of the

University and shall, subject to the provisions of this Act and the rules,

statutes and ordinances made there under, co-ordinate and exercise general

supervision over the academic policies of the University.

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

may be specified by the statutes.

24.

(1) The Board of Examination shall be the principal authority of

the University for conducting the examination and making policy decisions

in regard to organizing and holding examinations, improving the system of

examinations, appointing the paper–setters, examiners moderators and also

prepare the schedule of dates of holding examinations and declaration of

results. The Board of Examination should also oversee and regulate the

conduct of examinations in study centers, or any center related to the

University.

Explanation.— For the purposes of this section and of section 38, the

expression “schedule of examinations” means a table giving details about the

time, day and date of the commencement of each paper which is a part of a

scheme of examinations and shall also include the details about the practical

examinations.

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

namely :—

(a) the Vice-Chancellor – Chairperson;

(b) Professor of each subject – Member;

Examination – Member;

Board of

Management.

Academic

Council.

Board of

Examination.

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

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

such as may be laid down by the statutes.

25.

The constitution, powers and functions of other authorities of the

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

26.

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

authorities or bodies of the University, if he,—

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

court; or

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

(iii) is conducting or engaging himself in private coaching

classes; or

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

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

27.

No act or proceeding of any authority or body of the University

shall be invalid merely by reason of any vacancy or defect in the constitution

thereof.

28.

In case there occurs any casual vacancy in any authority or body of

the University, due to death, resignation or removal of a member, the same

shall be filled, as early as possible, by the person or body who appoints or

nominates the member whose place becomes vacant and person appointed

or nominated to a casual vacancy shall be a member of such authority or body

for the residue of the term of such member in whose place he has been so

appointed or nominated.

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.

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;

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;

Other

Authorities.

Dis-

qualifications.

Vacancies not to

invalidate the

proceedings of any

authority or body

of the university.

Filling of casual

Vacancies.

Committees.

First statutes.

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(f) the conferment of honorary degrees;

(g) the provisions regarding exemption of students from payment

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

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

in different courses including regulation of reservation of seats; and

(i) provisions regarding fees to be charged from the students.

(3) The Government shall consider the first statutes, submitted by the

University and shall within four months from the date of its receipt give its

approval thereon with such modifications, if any, as it may deem necessary.

(4) The Government shall publish the first statutes, as approved by it, in

the Official Gazette and thereafter, such statutes shall come into force from

date of such publication.

31.

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

under, the subsequent statutes of the University may provide for all or any

of the following matters, namely :—

(a) creation of new authorities of the University;

(b) accounting policy and financial procedure;

(d) creation of new departments and abolition or restructuring of

existing department;

(e) institution of medals and prizes;

(f) creation of posts and procedure for abolition of posts;

(g) revision of fees;

(h) alteration of the number of seats in different syllabi; and

(i) all other matters which under the provisions of this Act are to be

specified by the statutes.

(2) The statutes of the University other than the first statutes shall be made

by the Board of Management with the approval of the Governing Body.

(3) The Board of Management may, from time to time, make new or

additional statutes or may amend or repeal the statutes so made in the

manner hereinafter provided in this section:

Provided that, the Board of Management shall not make any statute or

any amendment of the statutes affecting the status, powers or constitution

of any existing authority of the University until such authority has been given

an opportunity of expressing an opinion on the proposal, and any opinion so

expressed shall be in writing and shall be considered by the Governing Body.

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

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

Provided that, no statutes shall be made by the Board of Management

affecting the discipline of students and standards of instruction, education

and examination except in consultation with the Academic Council.

Subsequent

statutes.

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32.

(1) The first ordinances of the University shall be made by the

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

(2) Subject to the provisions of this Act or the rules or statutes made

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;

academic distinctions, the minimum qualifications for the same and the

means to be taken relating to the granting and obtaining of the same;

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

stipends, medals and prizes;

(e) the conduct of examinations, including the terms of office and

manner of appointment and the duties of examining bodies, examiners

and moderators;

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

and diplomas of the University;

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

University;

(h) provisions regarding disciplinary action against the students;

(i) the creation, composition and functions of any other body which

is considered necessary for improving the academic life of the University;

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

Universities and institutions of higher education; and

(k) all other matters which are required to be provided by the

ordinances under the provisions of this Act or the statutes made there-

under.

(3) The Government shall consider the first ordinances submitted by

the Vice-Chancellor under sub-section (1) and shall give its approval within

four months from the date of its receipt, with such modifications, if any, as it

may deem necessary.

33.

(1) All ordinances other than the first ordinances shall be made by

the Academic Council which after being approved by the Board of

Management shall be submitted to the Governing Body for its approval.

(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.

First

ordinance.

Subsequent

ordinances.

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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.

35.

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

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 extracurricular activities

or on the basis of marks or grade obtained in the entrance test conducted at

State level either by an association of the Universities conducting similar

courses or by any agency of the State:

Provided that, admission in professional and technical courses shall be

made only through entrance test.

(3) Seats for admission in the University, for the students belonging to

Scheduled Castes, Scheduled Tribes, Vimukta Jattis, Nomadic Tribes, Other

Backward Classes, Special Backward Category and handicapped students,

shall be reserved as per the policy of the State Government :

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

(4) Out of the total approved intake capacity, seventy per cent. of the

seats shall be reserved for the students having domiciled in the State of

Maharashtra.

36.

The State Government shall not reimburse any fees or shall not

take any financial liability for students belonging to the backward classes

admitted into the University.

37.

(1) No capitation fee shall be collected by or on behalf of the

University or by any person who is in charge of, or is responsible for, the

management of such institution, from or in relation to any student in

consideration of his admission to and prosecution of any course of study or of

his promotion to a higher standard or class in such institution.

(2) Notwithstanding anything contained in sub-section (1), the

management may in good faith collect or accept donations in cash or kind, in

the prescribed manner, from benevolent persons or organization or public

trusts or any other association of persons, for opening of new educational

institutions or for creation of endowment fund for award of scholarship, prizes

or the like, but while collecting or accepting such donations the management

shall not reserve any seats in any educational institution run by it in

consideration of such donations. Where in consideration of accepting such

donations any seat is reserved for admission to any student in such institution

such acceptance of donation shall be deemed to be collection of capitation

fee, within the meaning of clause (a) of section 2 of the Maharashtra

Educational Institutions (Prohibition of Capitation Fees) Act, 1987.

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.

Regulations.

Admissions.

Prohibition of

capitation fee.

Mah. VI

of 1988.

Schedule of

examinations.

No Liability to

reimburse

fees.

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Provided that, for any reason whatsoever, University is unable to follow

this Schedule, it shall, as soon as practicable, submit a report to the

Government giving the detailed reasons for making a departure from the

published Schedule of Examination. The Government may, thereon, issue

such directions as it may deem fit for better compliance in future.

39.

(1) The University shall strive to declare the results of every

examination conducted by it within thirty days from the last date of the

examination for a particular course and shall in any case declare the results

latest within forty-five days from such date:

Provided that, for any reason whatsoever, the University is unable to

finally declare the results of any examination within the period of forty-five

days, it shall submit a report incorporating the detailed reasons for such

delay to the Government. The Government may, thereon, issue such directions

as it may deem fit for better compliance in future.

(2) No examination or the results of an examination shall be held invalid

only for the reasons that the University has not followed the schedule of

examination as stipulated in section 38 or that the University has failed to declare

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

40.

The convocation of the University shall be held in every academic

year in the manner as may be specified by the statutes for conferring degrees,

diplomas or for any other purpose.

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.

43.

(1) The annual report of the University shall be prepared by the

Board of Management which shall include among other matters, the steps

taken by the University towards the fulfillment of its objects and shall be

approved by the Governing Body and copy of the same shall be submitted to

the sponsoring body.

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

be presented to the Government.

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

house of the State Legislature.

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.

Declaration of

results.

Convocation.

Accreditation

of the

University.

University to

follow rules,

regulation, norms

etc. of the

regulating bodies.

Annual report.

Annual

accounts and

audit.

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

submitted to the Governing Body.

(3) A copy of the annual accounts and audit report along with the

observations of the Governing Body shall be submitted to the sponsoring

body.

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

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

(5) The advice of the Government, if any, arising out of the accounts and

audit report of the University shall be placed before the Governing Body

and the Governing Body shall issue such directions, as it may deem fit and

compliance thereof shall be reported to the Government.

45.

(1) For the purpose of ascertaining the standards of teaching,

examination and research or any other matter relating to the University,

the Government may, after consultation with the Vice- Chancellor, cause an

assessment to be made in such manner as may be prescribed, by such person

or persons as it may deem fit.

(2) The Government shall communicate to the University its

recommendations in regard to the result of such assessment for corrective

action and the University shall take such corrective measures as are necessary

so as to ensure the compliance of the recommendations.

(3) If the University fails to comply with the recommendations made under

sub-section (2) within a reasonable time, the Government may give such

directions as it may deem fit, which shall be binding on the University.

46.

(1) The sponsoring body may dissolve the University by giving a

notice to this effect to the Government, the employees and the students of

the University at least one year in advance:

Provided that, dissolution of the University shall have effect only after

the last batches of students of the regular courses have completed their

courses and they have been awarded degrees, diplomas or awards, as the

case may be.

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

the University shall vest in the sponsoring body:

Provided that, in case the sponsoring body dissolves the University

before twenty five years of its establishment all the assets of the University

shall vest in the Government free from all encumbrances.

47.

(1) If it appears to the Government that the University has

contravened any of the provisions of this Act or the rules, statutes or

ordinances made thereunder or has contravened any of the directions issued

by it under this Act or has ceased to carry out any of the undertakings given

under section 5 of this Act or a situation of financial mis-management or

mal-administration has arisen in the University, it shall issue notice requiring

the University to show cause within forty-five days as to why an order of its

liquidation should not be made.

Powers of the

Government

to inspect the

University .

Dissolution of

the University

by sponsoring

body.

Special powers

of the State

Government in

certain

circumstances.

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(2) If the Government, on receipt of reply of the University on the notice

issued under sub-section (1), is satisfied that there is a prima facie case of

contravention of all or any of the provisions of this Act or the rules, statutes

or ordinances made thereunder or of contravention of the directions issued

by it under this Act or of ceasing to carry out the undertaking given under

section 5 of this Act or of financial mis-management or mal-administration,

it shall make an order of such enquiry as it may consider necessary.

(3) The Government shall, for the purpose of any enquiry under sub-

section (2), appoint an inquiry officer or officers to inquire into any of the

allegations and to make report thereon.

(4) The inquiry officer or officers appointed under sub-section (3) shall

have the same powers as are vested in a civil court under the Code of Civil

Procedure, 1908 while trying a suit in respect of the following matters,

namely :—

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

examining him on oath;

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

any other material as may be predicable in evidence;

(d) any other matter which may be prescribed.

(5) The inquiry officer or officers, inquiring under this Act, shall be

deemed to be a civil court for the purposes of section 195 and Chapter 26 of

the Code of Criminal Procedure, 1973.

(6) On receipt of the enquiry report from the officer or officers appointed

under sub-section (3), if the Government is satisfied that the University has

contravened all or any of the provisions of this Act or the rules, statutes or

ordinances made thereunder or has violated any of the directions issued by

it under this Act or has ceased to carry out the undertakings given by it

under section 5 of this Act or a situation of financial mis-management and

mal-administration has arisen in the University which threatens the academic

standard of the University, it shall issue a preliminary order for the

liquidation of the University and appoint an administrator.

(7) The administrator appointed under sub-section (6) shall have all the

powers and be subject to all the duties of the Governing Body and the Board

of Management under this Act and shall administer the affairs of the

University until the last batch of the students of the regular courses have

completed their courses and they have been awarded degrees, diplomas or

awards, as the case may be.

(8) After having awarded the degrees, diplomas or awards, as the case

may be, to the last batches of the students of the regular courses, the

administrator shall make a report to this effect to the Government.

(9) On receipt of the report under sub-section (8), the Government shall,

by notification in the Official Gazette, issue a final order dissolving the

University and from the date of publication of such notification, the University

shall stand dissolved and all the assets and liabilities of the University shall

vest in the sponsoring body from such date.

5 of

1908.

2 of

1974.

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48.

(1) Immediately after the commencement of this Act, there shall be

established a Secretary Level Committee in order to verify and ensure

compliance of the requirements to the guidelines relating to the establishment

of self-financed universities, framed by the State Government from time to

time; and of the undertakings submitted by the sponsoring body. The

committee shall consist of the Secretaries in-charge of the Higher and

Technical Education Department, the Finance Department, and the Planning

Department.

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

report to the Government.

(3) On receipt of the report under sub-section (2), the State Government

shall, publish a notification allowing the operationalization of the University.

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

notification under sub-section (3).

(5) Contravention of the provision of sub-section (4) shall be an offence.

Every Person committing such offence shall on conviction be punished with

fine which shall not be less than two lakhs rupees.

49.

The Secretary Level Committee established under sub-section (1)

of section 48 may cause an inspection to be made of the University as and

when directed by the Government and verify and ensure compliance of the

requirements of the guidelines relating to the establishment of self-financed

universities and of the compliance of the provisions of the relevant laws for

the time being in force.

50.

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

into effect the purposes of this Act.

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

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

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

section 47;

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

by rules.

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

after it is made, before each house of the State Legislature, while it is in

session, for a total period of thirty days which may be comprised in one session

or in two successive sessions, and if, before the expiry of the session in which

they are so laid or the sessions immediately following, both Houses agree in

making any modification to the rule or both Houses agree that the rule should

not be made, the rule shall from the date of publication of a notification, have

effect only in such modified form or be of no effect, as the case may be; so,

however any such modification or annulment shall be without prejudice to

the validity of anything previously done or omitted to be done thereunder.

51.

(1) If any difficulty arises in giving effect to the provisions of this

Act, the Government may, as occasion arises, by an order published in the

Official Gazette, do anything not inconsistent with the provisions of this Act,

which appears to it to be necessary or expedient for removing the difficulty :

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

of two year from the date of commencement of this Act.

(2)

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

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

Secretary level

committee and

opertionalization

of University.

Power to

make Rules.

Power of

Government to

inspect.

Power to

remove

difficulties.

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STATEMENT OF OBJECTS AND REASONS.

The Economic Reforms being undertaken by the Government of India

have prompted the change in the policy making and involving the private

sector in the infrastructure development related to the Higher Education.

Accordingly, the Government of Maharashtra has decided to take great

efforts in facilitating private participation to enhance access, excellence,

inclusion and research in the field of Higher Education in the State by creating

best in class infrastructure facilities in the State.

The Government of Maharashtra being desirous of improving

opportunities in Higher Education and with a view to stimulate the proactive

participation and investment by the private sector in the Higher Education,

considers it expedient to encourage the formation of self-financed

universities in the State of Maharashtra. This will help the State to achieve

excellence in Higher, Technical, Professional and Management Education

without creating any financial burden for the State exchequer. It is also

considered highly advantageous that the Government should play the role

of a catalyst in the development of Higher Education in the State by ensuring

the provisions of appropriate and suitable environment, for such self-financed

universities.

In order to ensure highest standards and quality of Higher Education,

to meet the needs of the students under the ever changing academic and

economic scenario and to create confidence in the minds of the public, the

Government of Maharashtra has decided to initiate the process of granting

permission to those private institutions that have demonstrated exceptional

track record in establishing and running courses of Higher Education, to

establish self-financed universities in the State of Maharashtra.

With a view to provide adequate autonomy to such self-financed

universities, the Government has decided to have minimum regulatory

interference in their formation and functioning. However, to provide proper

environment for orderly formation, to ensure growth of the self-financed

universities and to ascertain that such self-financed universities conform to

the highest level of infrastructure facilities and academic requirements, that

the process of encouraging such growth does not create hurdles for education

of the underprivileged sections of the society or allow mis-management of

any sort, detrimental to the public interest or general education policy of

Government of Maharashtra considers it expedient to retain with it some

supervisory and some regulatory powers under the law.

The Government has, accordingly, vide Government Resolution, Higher

and Technical Education Department, No USG. 2006/(254/2006) UNI-4/ Part-

II, dated the 29th May 2013, prescribed the guidelines for the establishment

of self-financed universities in the State.

The St. Wilfreds Education Society, which is registered as a society

under the Societies Registration Act, 1860 (21 of 1860) has applied for

permission for establishment of the Chhatrapati Shivaji Maharaj University,

Panvel. After considering the compliance report submitted by the said trust

pursuant to the Letter of Intent (LOI) issued by the Government and the

inspection report by the Inspection Committee appointed for the purpose,

the State Government is satisfied that, the said sponsoring body has

complied with the requirements of the said Government Resolution,

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MEMORANDUM REGARDING DELEGATED LEGISLATION

The Bill involves the following proposals for delegation of legislative

powers, namely :—

Clause 1(2).—Under this clause, power is taken to the State

Government to appoint, by notification in the Official Gazette, the date

on which the Act shall come into force.

Clause 5(xx).—Under this clause, power is taken to the University

to prescribe the fee structure for various courses.

Clause 8(3).—Under this clause, power is taken to the Government,

to prescribe the manner for forfeiting a part or whole of the Endowment

Fund, in case the University or the sponsoring body contravenes any of

the provision of this Act, rules, statutes, ordinances or regulations made

thereunder.

Clause 12.—Under this clause, power is taken to the Government,—

(a) under sub-clause (1), to prescribe the manner of

appointment of President;

(b) under sub-clause (2), to prescribe the rules and regulations

for eligibility criteria for the post of President.

Clause 15(2).—Under this clause, power is taken to the University,

to prescribe by regulations, the powers and functions of the Deans.

Clause 16(5).—Under this clause, power is taken to the University,

to prescribe by statutes or ordinances or regulations, the powers and

duties of the Registrar.

Clause 17.—Under this clause, power is taken to the University,—

(a) under sub-clause (3), to prescribe by statutes or ordinances

or regulations, the qualifications and experience for the selection

of the Controller of Examination;

(b) under sub-clause (5), to prescribe by statutes or ordinances

or regulations, the powers and duties of the Controller of

Examination;

Clause 21(3)(f).—Under this clause, power is taken to the University,

to prescribe the other powers of the Governing Body by the statutes.

Clause 45(1).—Under this clause, power is taken to the Government,

to prescribe the manner for causing and assessment for the purpose of

ascertaining the standards of teaching, examination and research or

any other matters relating to the University.

Clause 48(3).—Under this clause, power is taken to the Government

to issue notification in the Official Gazette, after which University shall

be operational.

Clause 50.—Under this clause, power is taken to the State

Government to make rules for carrying into effect the purposes of this

Act by issuing a notification in the Official Gazette.

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Clause 51.—Under this clause, power is taken to the State

Government to issue an order for removing any difficulty, which may

arise in giving effect to the provisions of this Act, within a period of two

years from the date of commencement.

The above-mentioned proposals for delegation of legislative powers

of normal character.

Vidhan Bhavan :

DR. ANANT KALSE,

Mumbai,

Principal Secretary,

Dated the 26th March, 2018.

Maharashtra Legislative Assembly.

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

AT GOVERNMENT CENTRAL PRESS, 21-A, NETAJI SUBHASH ROAD, CHARNI ROAD, MUMBAI 400 004 AND PUBLISHED AT DIRECTORATE OF GOVERNMENT

PRINTING, STATIONERY AND PUBLICATION, 21-A, NETAJI SUBHASH ROAD, CHARNI ROAD, MUMBAI 400 004, EDITOR : SHRI PARSHURAM JAGANNATH

GOSAVI.