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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).

—————————

RNI No. MAHENG / 2009 / 35528

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(1)

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;

Mah.

XIV of

2014.

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Mah.

XIV of

2014.

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.

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

once.

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 :—

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

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 :—

“ 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. ”.

Short title and

commence-

ment.

Substitution of

section 51 of

Mah. XIV of

2014.

Secretarial

Committee.

Addition of

section 52 in

Mah. XIV of

2014.

Punishment.

Mah.

Ord. XII

of 2019.

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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.

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

SAURABH VIJAY,

Secretary to Government.

ON BEHALF OF GOVERNMENT PRINTING, STATIONERY AND PUBLICATION, PRINTED AND PUBLISHED BY DIRECTOR

DR. NAMDEO KONDAJI BHOSALE, PRINTED AT GOVERNMENT CENTRAL PRESS, 21-A, NETAJI SUBHASH ROAD, CHARNI ROAD,

MUMBAI 400 004 AND PUBLISHED AT DIRECTORATE OF GOVERNMENT PRINTING, STATIONERY AND PUBLICATIONS,

21-A, NETAJI SUBHASH ROAD, CHARNI ROAD, MUMBAI 400 004 EDITOR : DIRECTOR DR. NAMDEO KONDAJI BHOSALE.