Part VIII Extra No. 24 (10th March 2019),HIGHER AND TECHNICAL EDUCATION DEPARTMENT,MAHARASHTRA ORDINANCE No…

महाराष्ट्र शासन राजपत्र असाधारण भाग आठ, मार्च १०, २०१९/फाल्गुन १९, शके १९४० १ RNI No. MAHENG / 2009 / 35528

महाराष्ट्र शासन राजपत्र

असाधारण भाग आठ

वर्ष ५, अंक १२(२) ] रविवार, मार्च १०, २०१९/फाल्गुन १९, शके १९४० [ पृष्ठे ३, किंमत : रुपये २७.००

असाधारण क्रमांक २४

प्राधिकृत प्रकाशन

महाराष्ट्र विधानमंडळाचे अधिनियम व राज्यपालांनी प्रख्यापित केलेले अध्यादेश व केलेले विनियम आणि

विधि व न्याय विभागाकडून आलेली विधेयके (इंग्रजी अनुवाद).

In pursuance of clause (3) of article 348 of the Constitution of India, the following translation in English of the Spicer Adventist University (Amendment) Ordinance, 2019 (Mah. Ord. XII of 2019), is hereby published under the authority of the Governor.

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

RAJENDRA G. BHAGWAT,

Secretary (Legislation) to Government, Law and Judiciary Department. (Translation in English of the Spicer Adventist University (Amendment) Ordinance, 2019 (Mah. Ord.

XII of 2019), published under the authority of the Governor).

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HIGHER AND TECHNICAL EDUCATION DEPARTMENT

Mantralaya, Madam Cama Marg, Hutatma Rajguru Chowk, Mumbai 400 032, dated the 10th March 2019.

MAHARASHTRA ORDINANCE No. XII OF 2019.

AN ORDINANCE

to amend the Spicer Adventist University Act, 2014.

WHEREAS both Houses of the State Legislature are not in session;

AND WHEREAS the Governor of Maharashtra is satisfied that circumstances exist which render it necessary for him to take immediate action to amend the Spicer Adventist University Act, 2014, for the purposes hereinafter appearing; (१)

Mah. XIV of 2014.

भाग आठ--२४---१२ महाराष्ट्र शासन राजपत्र असाधारण भाग आठ, मार्च १०, २०१९/फाल्गुन १९, शके १९४० NOW, THEREFORE, in exercise of the powers conferred by clause (1) of article 213 of the Constitution of India, the Governor of Maharashtra is hereby pleased to promulgate the following Ordinance, namely :—

1. (1) This Ordinance may be called the Spicer Adventist University (Amendment) Ordinance, 2019.

Short title and commence- ment.

(2) Save as otherwise provided in this Ordinance, it shall come into force at once.

Mah. XIV of 2014.

2. For section 51 of the Spicer Adventist University Act, 2014 (hereinafter referred to as " the principal Act "), the following section shall be substituted and shall be deemed always to have been substituted, namely :—

Substitution of section 51 of Mah. XIV of 2014.

" 51. (1) There shall be Secretarial Committee in order to verify and ensure Secretarial Committee.

fulfillment of the undertakings given by the sponsoring body.

(2) The said Committee shall consist of Secretaries of Higher and Technical Education Department, Finance Department and Planning Department. The Committee shall submit its report to the Government. After considering the report, the Government may issue necessary orders. ".

3. After section 51 of the principal Act, as so substituted, the following section shall be added, namely :—

Addition of section 52 in Mah. XIV of 2014.

Punishment.

" 52. Contravention of any of the provisions of this Act, shall be an offence and the University as well as all officers of the University specified under section 11 shall be punished with imprisonment for a term which shall not be less than three months but which may extend to one year and a fine not less than rupees fifty thousand which may extend to rupees five lakhs:

Provided that, nothing in this section shall be construed as preventing the Government from initiating any action, whether civil or criminal, for non-compliance of the provisions of this Act including proceedings for liquidation of the University, prior to the Spicer Adventist University (Amendment) Ordinance, 2019. ".

Mah. Ord. XII of 2019.

महाराष्ट्र शासन राजपत्र असाधारण भाग आठ, मार्च १०, २०१९/फाल्गुन १९, शके १९४० ३

STATEMENT

Section 51 of the Spicer Adventist University Act, 2014 provides for the Secretarial Committee in order to verify and ensure fulfilment of the tasks as per the undertakings provided by the sponsoring body. The said section 51 also provides for the issuance of the notification operationalizing the University after the receipt of the report of the Secretarial Committee. The said University became operational on the 26th July 2016 i.e. from the date of issuance of notification by the State Government under the said section 51.

2. However, it has been reported that the said University has admitted the students from the academic session 2014-2015, prior to the compliance of the provisions of the said section 51 and without fulfilling the requirements under the Act as well as, of the University Grants Commission's guidelines in this behalf.

3. Since, the University has admitted the students before the issuance of the notification under section 51 of the said Act, the admissions of the students became irregular. However, to protect the interest of the students which have been admitted before the date of the issuance of notification, i.e. on 26th July 2016, it is considered expedient to substitute section 51.

To ensure that the University and its officers would in future comply with the provisions of the Act, it is considered expedient to provide that the contravention of any of the provisions of the said Act by the University as well as all officers of the University shall be an offence and be punishable with imprisonment and fine. Therefore it is consider expedient to amend the said Act, suitably.

4. As both Houses of the State Legislature are not in session and the Governor of Maharashtra is satisfied that circumstances exist which render it necessary for him to take immediate action to amend the Spicer Adventist University Act, 2014 (Mah. IV of 2014), for the purposes aforesaid, this Ordinance is promulgated.

Mumbai, CH. VIDYASAGAR RAO,

Dated the 9th March 2019. Governor of Maharashtra.