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1

Mah.

Ord.

XVIII of

2017.

MAHARASHTRA ACT No. XXVII of 2018

(First published, after having received the assent of the Governor

in the “ Maharashtra Government Gazette ”, on the 6th April 2018).

An Act to amend the Maharashtra Public Universities Act, 2016.

WHEREAS the Governor of Maharashtra had promulgated the

Maharashtra Public Universities (Amendment) Ordinance, 2017 on the 28th

November 2017 ;

AND WHEREAS upon the re-assembly of the State Legislature on the

11th December 2017, the Maharashtra Public Universities (Amendment)

Bill, 2017 (L. A. Bill No. LXVIII of 2017), for converting the said Ordinance

into an Act of the State Legislature, was passed the Maharashtra Legislative

Assembly on the 21st December 2017 and was transmitted to the

Maharashtra Legislative Council ;

(1)

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In pursuance of clause (3) of article 348 of the Constitution of India, the following translation

in English of the Maharashtra Public Universities (Amendment) Act, 2017 (Mah. Act No. XXVII of

2018), is hereby published under the authority of the Governor.

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

RAJENDRA G. BHAGWAT,

I/c. Secretary (Legislation) to Government,

Law and Judiciary Department.

————————

RNI No. MAHENG /2009/35528

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2

AND WHEREAS thereafter, as the session of the Maharashtra

Legislative Council was prorogued on the 22nd December 2017, the said

Bill could not be passed by the Maharashtra Legislative Council ;

AND WHEREAS as provided by article 213 (2)(a) of the Constitution

of India, the said Ordinance shall cease to operate at the expiration of six

weeks form the date of re-assembly of the State Legislature, that is, after

the 21st January 2018 ;

AND WHEREAS both Houses of the State Legislature were not in

session ; and the Governor of Maharashtra was satisfied that circumstances

existed which rendered it necessary for him to take immediate action to

continue the operation of the provisions of the said Ordinance, for the

purposes hereinafter appearing; and, therefore, promulgated the

Maharashtra Public Universities (Amendment and Continuance) Ordinance,

2018 (hereinafter referred to as “ the said Continuance Ordinance ”) on the

20th January 2018 ;

AND WHEREAS it is expedient to replace the said Continuance

Ordinance by an Act of the State Legislature ; it is hereby enacted in the

Sixty-eighth Year of the Republic of India as follows :—

1.

(1) This Act may be called the Maharashtra Public Universities

(Amendment) Act, 2017.

(2) It shall be deemed to have come into force on 28th November 2017.

2.

In section 30 of the Maharashtra Public Universities Act, 2016

(hereinafter referred to as “the principal Act”), after sub-section (4)

following proviso shall be added, namely :—

“Provided that, for the election of the candidate from the reserved

categories, under clauses (f), (g), (h) and (i), for the initial term of

Management Council, immediately after the commencement of this

Act, point of rotation for reserved categories under the said clauses

shall be decided by drawing of lots by Vice-Chancellor, and while

drawing of lots, it shall be ensured that the person belonging to each

reserved category shall have representation on the Management

Council.”.

3.

In section 62 of the principal Act, after sub-section (2) following

proviso, shall be added, namely :—

“Provided that, for the initial term of the authorities of the

Universities, immediately after the commencement of this Act, the

process of election, nomination and co-option shall be completed not

later than 31st May 2018.”.

4.

After section 99 of the principal Act, the following section shall be

added, namely :—

“99A. Notwithstanding anything contained in section 99, for the

academic year 2017-18, with regard to the constitution of Students’

Council the following provisions shall apply :—

(1) There shall be a University Students’ Council as specified

in sub-section (4), a University Department Students’ Council for

Short title and

commence-

ment.

Mah.

Ord. I

of 2018.

Temporary

provisions for

Constitution

of Students’

Council.

Amendment

of section 30

of Mah. VI of

2017.

Insertion of

section 99A

in Mah. VI of

2017.

Amendment

of section 62

of Mah. VI of

2017.

Mah. VI

of 2017.

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3

the departments of the University and a Students’ Council for

each conducted college or institution of the University and each

affiliated college, to look after the welfare of the students and to

promote and co-ordinate the extracurricular activities of different

students’ associations for better corporate life. The Councils shall

not engage in political activities.

(2) (a) The University Department Students’ Council shall

consist of the following members, namely :—

(i) Vice-Chancellor — President ;

(ii) Director of Students’ Development — Chairman ;

(iii) Director of Sports and Physical Education ;

(iv) Director of National Service Scheme ;

(v) One student from each university department who

has shown academic merit at the preceding degree

examination and is engaged in full time studies in a

university, institution or department or conducted

college, nominated by the Vice-Chancellor ;

(vi) Two lady students nominated by the Pro-Vice-

Chancellor and if there is no Pro-Vice-Chancellor,

the Vice-Chancellor shall nominate two lady students.

(b) the Students Council for each institution, conducted college

or affiliated college shall consist of the following :—

(i) Principal- Chairman ;

(ii) One lecturer, nominated by the Principal ;

(iii) Teacher in charge of National Cadet Corps ;

(iv) National Service Scheme Programme Officer ;

(v) One student from each class, who has shown

academic merit at the examination held in the

preceding year and who is engaged in full-time

studies in the college, nominated by the Principal ;

(vi) Director of Sports and Physical Education, if any ;

(vii) One student from each of the following activities,

who has shown outstanding performance, nominated

by the Principal, namely :—

(1) Sports ;

(2) National Service Scheme and Adult Education;

(3) National Cadet Corps ;

(4) Cultural Activities ;

(viii) Two lady students nominated by the principal :

Provided that, two of the students from the categories (vii)

and (viii) shall be those belonging to the Scheduled Castes or

Scheduled Tribes or De-notified Tribes (Vimukta Jatis) or Nomadic

Tribes or Other Backward Classes.

(3) The student member’s of both these Councils shall elect,

from amongst themselves, the Secretary of their respective Council.

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4

(4) (a) There shall be University Students’ Council consisting

of not more than fifteen persons, nominated through selection,

from amongst Secretaries of the respective councils under

sub-section (3), as prescribed by the Statutes existing immediately

prior to the date of commencement of this Act :

Provided that, at least one seat each be reserved for students

belonging to–

(i) Scheduled Castes ;

(ii) Scheduled Tribes ;

(iii) De-notified Tribes {Vimukta Jatis) or Nomadic Tribes

(iv) Other Backward Classes ; and

(v) One seat for women students,

remaining seats being distributed district-wise :

Provided further that, for the purpose of nomination through

selection details based on academic performance, participation in

National Cadet Corps, National Service Scheme and Adult

Education, Cultural Activities or such other activities as may be

prescribed by the Statutes existing immediately prior to the date

of commencement of this Act.

(b) The University Students’ Council so formed shall elect its

own President and Secretary.

(c) Every meeting of the University Students’ Council shall

be presided over by the Vice-Chancellor and shall be attended by

such other officers as may be prescribed.

(5) A student shall be eligible to be, or continue to be, a

member of any of the Students’ Council, only if he is enrolled as

a full time student.

(6) The nomination of the student members of the Students’

Council shall be made for the academic year 2017-2018 on the

date to be fixed by the Management Council. The term of office of

the nominated student members shall begin with effect from the

date of nomination and shall extend upto the last day of the

academic year, unless they have, in the meantime, incurred any of

the disqualifications specified by or under the Act; and shall then

expire.

(7) One third of the members of the Council shall constitute

the quorum. The rules and procedure for conduct of business of

the meetings and such other matters shall be such as may be

prescribed. The Council shall meet at least once in every three

months.”.

5.

In section 109 of the principal Act, in sub-section (3), after clause

(d), after the existing proviso the following proviso shall be inserted,

namely :—

“Provided further that, for the first academic year, immediately

after the commencement of this Act with a view to facilitate the

Universities to decide the applications for permission for opening of

Amendment

of section

109 of Mah.

VI of 2017.

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5

Amendment

of section

146 of Mah.

VI of 2017.

Mah.

Ord. I

of 2018.

Repeal of

Mah. Ord. I

of 2018 and

saving.

new College the dates referred to in clauses (a), (c) and (d) of sub-

section (3) as specified in column (2) of the Table hereto shall be read

as provided in column (3) of the said Table :—

Table

Clauses

For the date

Date for the Academic

existing provision

Year 2017-18

(1)

(2)

(3)

(a)

Last day of September

15th December 2017.

of the Year.

(c)

Before 30th of

Before 15th January

November of the year.

2018.

(d)

Before 31st January of the

Before 28th February

immediately following year.

2018.

”.

6.

In section 146 of the principal Act, for sub-section (1), following

shall be substituted, namely :—

“(1) Every authority of an existing university shall, as soon as

practicable, but not later than 31st May 2018, be reconstituted in

accordance with the provisions of this Act. Every such authority shall,

be deemed to be reconstituted with effect from such date as the Vice-

Chancellor may, from time to time, specify by notification.”.

7.

(1) The Maharashtra Public Universities (Amendment and

Continuance) Ordinance, 2018, is hereby repealed.

(2) Notwithstanding such repeal, anything done or any action taken

(including any notification or order issued) under the corresponding

provisions of the principal Act, as amended by the said Ordinance, shall be

deemed to have been done, taken or issued, as the case may be, under the

corresponding provisions of the principal Act as amended by this Act.

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.