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1
Short title
and comm-
encement.
L. C. BILL No. I OF 2022.
A BILL
to provide for establishment, incorporation and regulation of the
NICMAR University, Pune, for the development and advancement of
higher education in the State of Maharashtra and for matters connected
therewith or incidental thereto.
WHEREAS it is expedient to provide for the establishment,
incorporation and regulation of the NICMAR University, Pune, for the
development and advancement of higher education in the State of
Maharashtra and to provide for matters connected therewith or incidental
thereto, for the purposes hereinafter appearing; it is hereby enacted in the
Seventy-third Year of the Republic of India, as follows:-
1.
(1) This Act may be called as the NICMAR University, Pune Act,
2022.
(2) It shall be come into force on such date, as the State Government
may by notification in the Official Gazette, appoint.
RNI No. MAHENG /2009/35528
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xªÉÉªÉ Ê´É¦ÉÉMÉÉEòbÚ÷xÉ +ɱÉä±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 NICMAR University, Pune Bill, 2022 (L. C. Bill No. I of 2022), introduced in
the Maharashtra Legislative Council on the 16th March 2022, is hereby published under the
authority of the Governor.
By order and in the name of the Governor of Maharashtra,
SATISH WAGHOLE,
I/c. Secretary (Legislation) to Government,
Law and Judiciary Department.
—————————
¦ÉÉMÉ +É`ö-34----1
(1)
2
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Definitions.
2.
In this Act, unless the context otherwise requires,—
(a) “adjunct professor”, “adjunct associate professor” or “adjunct
assistant professor” means a person from industry, trade, commerce,
social, cultural, academic or any other allied fields who is so designated
during the period of collaboration or association with the university ;
(b) “authorities” means the authorities of the university as specified
by or under this Act ;
(c) “Board of Management” means the Board of Management
constituted under section 22 of this Act ;
(d) “campus” means the area of the university within which it is
established ;
(e) “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 ;
(f) “distance and online education” means education imparted by
combination of any two or more means of communication, viz.
broadcasting, telecasting, correspondence courses, seminars, contact
programs and any other such methodology ;
(g) “employee” means any person appointed by the university and
includes teachers, officers and other staff of the university ;
(h) “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 ;
(i) “Government” or “State Government” means the Government
of Maharashtra ;
(j) “Governing Body” means the Governing Body constituted under
section 21 of this Act ;
(k) “higher education” means pursuit of knowledge beyond learning
at the stage of higher secondary school education ;
(l) “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 ;
(m) “notification” means a notification published in the Official
Gazette ;
(n) “Official Gazette” means the Maharashtra Government Gazette ;
(o) “prescribed” means prescribed by statutes or ordinances or
regulations, as the case may be, made by or under this Act ;
(p) “President” means the President of the university who shall
also be Chancellor of the university ;
(q) “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 the 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 ;
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3
Incorporation.
Objects of
university.
21 of
1860.
XXIX of
1950.
(r) “rules” means the rules made by the State Government ;
(s) “section” means a section of this Act ;
(t) “sponsoring body” in relation to the university established under
this Act, means the National Institute of Construction Management
and Research, registered as a society under the Societies Registration
Act, 1860 and a Public Trust under the Maharashtra Public Trusts Act
having its registered office at Walchand Terraces, Ground Floor, Opp.
AC Market, Tardeo, Mumbai.
(u) “State” means State of Maharashtra ;
(v) “statutes”, “ordinances” and “regulations” mean respectively,
the statutes, ordinances and regulations of the university made under
this Act ;
(w) “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 ;
(x) “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 ;
(y) “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 ;
(z) “university” means the NICMAR University, Pune.
3.
(1) There shall be established a university by the name of the
NICMAR University, Pune.
(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 NICMAR 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
institute for the award conferment of degree, diploma and certificate to
the students admitted therein.
(5) The university shall be situated and have its head-quarters at the
NICMAR University, Building No./ Plot No. 25/1, NIA Post Office, Balewadi,
Taluka Haveli, District Pune, Maharashtra 411 045.
4.
The objects of the university shall be as follows, namely :—
(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
¦ÉÉMÉ +É`ö-34----1+
4
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73 of
1993.
3 of
1956.
8 of
1948.
25 of
1961.
their inter-disciplinary studies and development with emphasis on
Construction, Real Estate, Infrastructure and Project (CRIP);
(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 ;
(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 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 in 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 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 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.
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5
Powers and
functions of
university.
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 ;
(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 provisions for integrated courses in different
disciplines in the educational programmes of the university ;
(xviii) to set-up colleges, institutions, off-campus centers and study
centres only in the State, 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 ;
6
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University
open to all.
(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 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 and 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 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 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 ;
(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.
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.
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7
University to
be self-
financed.
Endowment
Fund.
General Fund.
Application of
General Fund.
(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 (Vimukta Jatis), Nomadic Tribes, Other
Backward Classes, Special Backward Category and Economically Weaker
Section (EWS) 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.
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 ten 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 or 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 amount 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 to which the 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.
8
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Officers of
university.
President.
Removal of
President.
11.
The following shall be the officers of the university, namely :—
(i) the President who shall also be the Chancellor ;
(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.
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 criteria for the post of the President shall be as may
be prescribed by the rules issued by the State Government.
(3) The President shall be the Head of the university.
(4) The President shall preside over at meetings of the Governing Body
and convocation of the university for conferring the 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,—
(a) becomes insane and stands so declared by a competent court; or
(b) has been convicted by a court for any offence involving moral
turpitude; or
(c) become an undischarged insolvent and stands so declared by a
competent court; or
(d) become physically unfit and incapable of discharging the functions
or duties of the office due to protracted illness or physical disability; or
(e) 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.
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9
Vice-
Chancellor.
Deans of
Faculties.
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 the 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.
(7) If at any time upon representation received 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 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 be entrusted by the President and Vice-Chancellor.
¦ÉÉMÉ +É`ö-34----2
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Registrar.
Controller of
Examinations.
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 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 of Examinations 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;
(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 the university
examinations and forward reports thereon to the Academic Council;
(f) the Controller of Examinations shall exercise such other powers
and perform such other duties as may be prescribed or assigned to him.
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11
Chief Finance
and Accounts
Officer.
Other
officers.
Governing
Body.
Authorities of
university.
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.
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 ;
(c) the Academic Council;
(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 ;
(c) five persons, nominated by the sponsoring body out of whom
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 ; and
(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
thereunder ;
(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 ;
¦ÉÉMÉ +É`ö-34----2+
12
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Board of
Management.
Academic
Council.
Board of
Examination.
(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 :—
(a) the Vice-Chancellor;
(b) two members of the Governing Body, nominated by the
sponsoring body;
(c) two Deans of the university, by rotation, to be nominated by the
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 thereunder, 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 examinations and making policy decisions
in regard to organizing and holding examinations, improving the system of
examinations, appointing the paper–setters, examiners and moderators and
also prepare the schedule of dates for holding the examinations and
declaration of the results. The Board of Examination shall also oversee and
regulate the conduct of examinations in the 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.
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13
Other
authorities.
Dis-
qualification.
Vacancies not
to invalidate
proceedings of
any authority
or body of
university.
Filling of
casual
vacancies.
Committees.
First
Statutes.
(2) The Board of Examination shall consist of the following members,
namely :-—
(a) the Vice-Chancellor – Chairperson ;
(b) Professor of each subject – Member ;
(c) one evaluation expert, co-opted by the Board of
Examination – Member ;
(d) the Controller of Examinations – Member - Secretary.
(3) The powers and functions of the Board of Examination 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 the 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;
14
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Subsequent
statutes.
(b) the terms and conditions of appointment of the Vice-Chancellor
and his powers and functions ;
(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 the
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
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
thereunder, the subsequent statutes of the university may provide for all or
any of the following matters, namely :—
(a) creation of the 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 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 in 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.
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15
First
Ordinances.
Subsequent
ordinances.
(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 teaching, education and
examination except in consultation with the Academic Council.
32.
(1) The First Ordinances of the university shall be made by the 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 enrollment
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 the 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
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.
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.
16
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Regulations.
Admissions.
Fee Fixation
Committee.
Prohibition of
capitation fee.
(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 and 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 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, the 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
the Scheduled Castes, Scheduled Tribes, De-notified Tribes (Vimukta Jattis),
Nomadic Tribes, Other Backward Classes, Special Backward Category and
Economically Weaker Section (EWS) and students with disablitity, shall be
reserved as per the policy of the State Government.
(4) Out of the total approved intake capacity, forty per cent. of the seats
shall be reserved for the students having domiciled in the State of
Maharashtra.
36.
(1) There shall be a Fee Fixation Committee to fix the fee structure
of the university.
(2) The composition, term of the Committee and its members, mechanism
and procedure to be followed by the Fee Fixation Committee shall be such
as may be specified by the State Government, by notification in the Official
Gazette:
Provided that, every such notification shall, as soon as may be, laid before
each House of the State Legislature.
(3) The allowances and honorarium of the Chairman and members of
the Fee Fixation Committee shall be such as may be specified by the State
Government, from time to time, which shall be paid by 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.
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17
Declaration of
results.
Mah. VI
of 1988.
Convocation.
Accreditation
of university.
Schdule of
Examinations.
(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 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, 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 held 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).
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 the
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 the National Council of Assessment and Accreditation
(NAAC) to the university. The university shall get renewed such accreditation
at an interval of every five years thereafter.
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18
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University to
follow rules,
regulations,
norms, etc. of
regulating
bodies.
Annual
report.
Annual
accounts and
audit.
Powers of
Government
to inspect
university.
Dissolution of
university by
sponsoring
body.
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.
(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 the 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 :
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19
Special
powers of
State
Government
in certain
circumstances.
2 of
1974.
5 of
1908.
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 the 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 fifteen 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, or a situation of financial mis-management or mal-
administration has arisen in the university, it shall issue a 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 :—
(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.
(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, 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.
¦ÉÉMÉ +É`ö-34----4
20
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Secretary
Level
Committee.
Inspection by
Secretary
Level
Committee.
Punishment.
Power to
make rules.
(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 the 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.
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 the 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 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 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.
The Secretary Level Committee established under sub-section (1)
of section 48, may carry out an inspection of the university as and when
directed by the Government and verify and ensure compliance of the
requirements of the guidelines issued by the State Government or the Central
Government, from time to time, 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.
The contravention of any of the provision of this Act, shall be an
offence and the university as well as 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 fine not less
than rupees fifty thousand which may extend to rupees five lakhs :
Provided that, nothing in this section shall be constructed 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.
51.
(1) The Government may, by notification published in the Official
Gazette, make rules for carrying into effect the purposes of this Act.
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21
Power to
remove
difficulties.
(2) Without prejudice to the generality of the foregoing powers, such
rules may provide for all or any of the following matters, namely :—
(a) manner of appointment of the President under sub-section (1)
of section 12 ;
(b) eligibility criteria for the post of the President under sub-section
(2) of section 12 ;
(c) manner for causing an assessment for the purpose of ascertaining
the standards of teaching, examination and research of the university
under sub-section (1) of section 45 ;
(d) matters to be prescribed under clause (d) of sub-section (4) of
section 47; and
(e) any other matter which is required to be, or may be, prescribed
by rules.
(3) Every rule 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 it is
so laid or the sessions immediately following, both Houses agree in making
any modification in the rule or both Houses agree that the rule should not be
made, and notify such decision in the Official Gazette, the rule shall from
the date of publication of such 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.
52.
(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 a period
of two years from the date of commencement of this Act.
(2) Every order made under sub-section (1), shall, as soon as may be
after it is made, be laid before each House of the State Legislature.
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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.
2.
The Government of Maharashtra being desirous of improving
opportunities in the 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. 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.
3.
In order to ensure highest standards and quality of the 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 grating permission to those private institutions that have
demonstrated exceptional track record in establishing and running courses
of the higher education, to establish self-financed universities in the State.
4.
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 self-financed
universities and to ascertain that, such self-financed universities confirm
to the highest level of infrastucture facilities and academic requirements
and the process of encouraging such growth does not create hurdles for
education of the underprivileged section of the society or allow
mismanagement of any sort, detrimental to the public interest or general
education policy of the Government, the 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, which has been
revised vide Government Resolution, Higher and Technical Eeducation
Department, No. MISC-2017/(144/17)/UNI-4, dated the 19th January 2019.
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23
5.
The sponsering body is the National Institute of Construction
Management and Research, Mumbai, registered as a society under the
Societies Registration Act, 1860 (21 of 1860) and a Public Trust under the
Maharashtra Public Trusts Act (XXIX of 1950) has applied for permission
for establishment of the NICMAR University, Pune. After considering the
compliance report submitted by the said sponsoring body pursuant to the
Letter of Intent (LOI) issued by the Government and the report by the
Inspection Committee appointed for the purpose of verification and
validation of compliance has been submitted, it is, considered expedient to
establish and incorporate a self-financed university by the name of “the
NICMAR University, Pune ”.
6.
The Bill is intended to achieve the above objectives.
Mumbai,
UDAY SAMANT,
Dated the 11th March 2022.
Minister for Higher and
Technical Education.
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MEMORANDUM REGARDING DELEGATED LEGISLATION
The Bill involves the following proposals for delegation of a legislative
power, namely :—
Clause 1(2).—Under this clause, power is taken to the State
Government to appoint, by notification in Official Gazette, the date on
which this 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 State
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 or rules, statutes,
ordinances or regulations made thereunder.
Clause 12.—Under this clause, power is taken to the State
Government,—
(a) under sub-clause (1), to prescribe by rules, the manner of
appointment of the President;
(b) under sub-clause (2), to prescribe by rules, the eligibility
criteria for the post of the President.
Clause 15(2).—Under this clause, power is taken to the
university, to prescribe by regulations, the powers and functions to be
exercised by the Deans of Faculties.
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 the statutes, the
qualifications and experience for the purpose of selection of the
Controller of Examinations ;
(b) under sub-clause (4) (f), to prescribe by the statutes or
ordinances or regulations, the powers and duties of the Controller
of Examinations.
Clause 18.—Under this clause, power is taken to the
university,—
(a) under sub-clause (2), to specify by the statutes, the manner of
appointment and terms and conditions of service of the Chief Finance
and Accounts Officer;
(b) under sub-clause (3), to specify by the statutes, the powers
and duties of the Chief Finance and Accounts Officer.
Clause 19(2).—Under this clause, power is taken to the university,
to specify by the statutes, the manner of appointment, the terms and
conditions of service of such other officers, as may be necessary for
the functioning of the university and their powers and functions.
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25
Clause 21(3)(f).—Under this clause, power is taken to the
university, to prescribe by the statutes, the other powers of the
Governing Body.
Clause 23(4).—Under this clause, power is taken to the university,
to specify by the statutes, quorum for meeting of the Academic Council.
Clause 30(4).—Under this clause, power is taken to the State
Government, to publish the First Statutes, as approved by it, in the
Official Gazette.
Clause 36.—Under this clause, power is taken to the State
Government,—
(a) under sub-clause (2), to notify the composition, term of
the Fee Fixation Committee and its members, mechanism and
procedure to be followed by the Fee Fixation Committee, by
notification in the Official Gazette;
(b) under sub-clause (3), to specify the allowances and
honorarium of the Chairman and members of the Fee Fixation
Committee.
Clause 45(1).—Under this clause, power is taken to the State
Government, to prescribe, the manner for causing an assessment for
the purpose of ascertaining the standards of teaching, examination
and research or any other matters relating to the university.
Clause 47(9).—Under this clause, power is taken to the State
Government, to issue a final order dissolving the university, by
notification in the Official Gazette.
Clause 48(3).—Under this clause, power is taken to the State
Government, to issue a notification in the Official Gazette, after which
the university shall be operationalised.
Clause 51.—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.
Clause 52.—Under this clause, power is taken to the State Government
to issue an order published in the Official Gazette 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.
2.
The above-mentioned proposals for delegation of legislative power
are of normal character.
ON BEHALF OF GOVERNMENT PRINTING, STATIONERY AND PUBLICATION, PRINTED AND PUBLISHED BY DIRECTOR,
RUPENDRA DINESH MORE, 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, RUPENDRA DINESH MORE.