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Mah.

VI of

2017.

Short title.

L. A. BILL No. X OF 2022.

A BILL

further to amend the Maharashtra Public Universities Act, 2016.

WHEREAS, it is expedient further to amend the Maharashtra Public

Universities Act, 2016, for the purposes hereinafter appearing; it is hereby

enacted in the Seventy-third Year of the Republic of India, as follows :–

1.

This Act may be called the Maharashtra Public Universities

(Amendment) Act, 2022.

5

RNI No. MAHBIL /2009/40123

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MAHARASHTRA LEGISLATURE SECRETARIAT

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

22nd March, 2022 is published under Rule 117 of the Maharashtra Legislative Assembly Rules :—

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(1)

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Mah. VI

of 2017.

2.

In section 2 of the Maharashtra Public Universities Act, 2016

(hereinafter referred to as “ the principal Act ”),—

(a) for clause (63), the following clause shall be substituted,

namely :—

“ (63) “ university ” means any of the public universities

mentioned in the Schedule A and Schedule B; ” ;

(b) in clause (64), for the words “the Schedule” the words and letter

“ the Schedule A ” shall be substituted.

3.

In section 3 of the principal Act,—

(a) for the words “ the Schedule ”, wherever they occur, the words

and letter “ the Schedule A ” shall be substituted ;

(b) for sub-section (6), the following sub-section shall be substituted,

namely :—

‘‘ (6) Notwithstanding anything contained in this Act,—

(a) each of the existing cluster university specified in

column (1) of Part I of the Schedule B shall, with effect

from the date on which it is constituted, before the date of

commencement of the Maharashtra Public Universities

(Amendment) Act, 2022, be a public university and be deemed

to be constituted under this Act consisting of the lead college

or institution and constituent colleges or institutions as

specified in columns (2) and (3) of the said Part ;

(b) the State Government may, by notification in the

Official Gazette,—

(i) constitute a cluster university comprising of cluster

of Government colleges or Government institutions or

Government aided colleges or Government aided

institutions, fulfilling such norms or criteria as laid down

by the Central Government therefor and complying the

terms and conditions laid down by the Government, from

time to time, and shall specify therein the lead college or

institution and constituent colleges or institutions of such

university ;

(ii) amend or insert necessary entry regarding cluster

University in Part I or Part II of the Schedule B, as the

case may be; and thereupon, the said Schedule shall

stand amended accordingly ;

(iii) provide that such cluster university shall

comprise of such university authorities and shall

exercise such powers and perform such functions of

university as may be specified in the notification;

(iv) provide for such other supplemental, incidental

and consequential provisions as the State Government may

deem necessary, as may be specified in the notification :

Provided that, every such notification shall be

laid as soon as may be, after it is issued, before each

House of the State Legislature.”.

Amendment

of section 3 of

Mah. VI of

2017.

Mah.

of 2022.

Amendment

of section 2 of

Mah. VI of

2017.

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4.

In section 6 of the principal Act, in sub-section (1), for the words

“ the Schedule ” the words and letter “the Schedule A” shall be substituted.

5.

In section 109 of the principal Act,—

(1) in sub-section (3),—

(i) in clause (d), the second and third provisos and Table

thereunder, shall be deleted;

(ii) in clause (f), the third proviso shall be deleted;

(iii) in clause (g), for the second proviso, the following proviso

and Table shall be substituted, namely :—

“ Provided further that, with a view to extend the dates

of, making application for seeking Letter of Intent for opening

new college or institution of higher learning, scrutiny of

application by Board of Deans and forwarding the same to the

State Government, grant of Letter of Intent by the State

Government, scrutiny of compliance report and forward the

same to the State Government and grant of final approval by

the State Government, for the academic year 2022-2023, the

day or dates referred to in clauses (a), (c), (d), (f) and (g) of

sub-section (3), as specified in column (2) of the Table given

below, shall be read as provided in column (3) of the said Table :—

TABLE

Clauses

Day or date provided

Day or date

in existing provision

provided for

Academic

Year 2022-23

(1)

(2)

(3)

(a)

before the last day of Septem-

on or before

ber of the year preceding the

30th April

year in which the Letter of

2022.

Intent is sought.

(c)

on or before 30th of November

on or before

of the year in which such appli- 31st May

cation is received by the

2022.

university.

(d)

on or before 31st January of

on or before

the immediately following year 15th July

after the recommendations of

2022.

the university.

(f)

on or before 1st day of May in

on or before

which compliance report has

31st July

been received.

2022.

(g)

on or before 15th June of the

on or before

year in which such new colleges 17th August

or institutions are proposed to

2022. ’’ ;

be started.

Amendment

of section 109

of Mah. VI of

2017.

Amendment

of section 6 of

Mah. VI of

2017.

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(2) in sub-section (4),—

(i) in clause (a), the proviso shall be deleted ;

(ii) in clause (d), for the second proviso, the following proviso and

Table shall be substituted, namely :—

“ Provided further that, with a view to extend the dates

of, making application for seeking permission to start a new

course of study, subjects, faculties, etc., scrutiny of the

application by the Board of Deans and forwarding the same to

the State Government and grant of permission by the State

Government, for the academic year 2022-2023, the day or dates

referred to in clauses (a), (c) and (d) of sub-section (4), as

specified in column (2) of the Table given below, shall be read

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

TABLE

Clauses

Day or date provided

Day or date

in existing provision

provided for

Academic

Year 2022-23

(1)

(2)

(3)

(a)

before the last day of Septe-

on or before

mber of the year preceding

30th April

the year in which the

2022.

permission is sought.

(c)

on or before the 1st day of

on or before

April of the year in which

31st May

such application is scruti-

2022.

nized and forwarded

to the State Government.

(d)

on or before 15th June of

on or before

the year in which permission

31st July

is granted by the State

2022.”.

Government.

6.

In the Schedule appended to the principal Act, for the heading

“ SCHEDULE ” the word and letter “ SCHEDULE A ” shall be substituted.

7.

After Schedule A, the following Schedule shall be added,

namely :—

Amendment

of Schedule

appended to

Mah. VI of

2017.

Insertion of

Schedule B to

Mah. VI of

2017.

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‘‘ SCHEDULE B

PART I

(See section 3(6)(a))

Name of the

Name of the Lead

Names of the

Cluster University

College or Institution

Constituent

Colleges or

Institutions

(1)

(2)

(3)

1.

Dr. Homi Bhabha

Institute of Science, (1) Elphinstone

State University,

Mumbai

College,

Mumbai

Mumbai,

(2) Sydenham

College,

Mumbai, and

(3) Secondary

Training

College,

Mumbai.

2.

Hyderabad

Hassaram

(1) Kishinchand

(Sind)

Rijumal College

Chellaram

National

of Commerce

College,

Collegiate

and Economics,

Churchgate,

University,

Churchgate,

Mumbai, and

Mumbai

Mumbai

(2) Bombay

Teachers’

Training

College,

Colaba,

Mumbai.

3.

Karmaveer

Yashavantrao

(1) Chhatrapati

Bhaurao Patil

Chavan Institute

Shivaji

University,

of Science,

College,

Satara

Satara

Satara, and

(2) Dhananjay-

rao Gadgil

College of

Commerce,

Satara.

PART II

(See section 3(6) (b))

Name of the

Name of the Lead

Names of the

Cluster University

College or Institution

Constituent

Colleges or

Institutions

(1)

(2)

(3)

.”.

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8.

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

principal Act, as amended by this Act, the State Government may, as occasion

arises, by an order published in the Official Gazette, do anything not

inconsistent with the provisions of the principal Act, as amended by this

Act, as may appear to it to be necessary or expedient for the purpose of

removing the difficulty :

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

Removal of

difficulties.

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STATEMENT OF OBJECTS AND REASONS

Section 3 of the Maharashtra Public Universities Act, 2016 (Mah. VI of

2017) provides for incorporation of the university. Sub-section (2) of said

section provides that State Government may constitute the new university

under the said Act and the name of the university shall be inserted in the

Schedule appended to the said Act. Sub-section (6) of said section provides

that, State Government may by notification, constitute the cluster university.

However, there is no provision for insertion of the entry of the cluster

university in the Schedule, therefore, it is necessary to amend said sub-section

(6), suitably and to append separate Schedule to the said Act, so as to insert

the names of the cluster university and the lead college and constituent

colleges in the new Schedule.

2.

Section 109 of the said Act provides for the procedure for permission

for opening new college or institution or new course of study, subjects,

faculties, etc. Sub-section (3) of said section 109 provides different dates for

making application for seeking Letter of Intent, scrutiny of application by

Board of Deans and forward the same to the State Government, grant of

Letter of Intent by the Government, forwarding compliance report to the

State Government after scrutiny and grant of final approval by the State

Government for starting new college or institution.

Sub-section (4) provides different dates for making applications for

permission to start new course of study, subjects, faculties, etc., scrutiny of

application by Board of Deans and forward the same to the State Government

and grant of permission by the State Government.

3.

Due to the outbreak of pandemic Covid-19 disease, the procedure

for permission for opening of a new college or institution or a new course of

study, subjects, faculties, etc. could not be completed within the prescribed

time limit specified in said sub-sections (3) and (4) of section 109, therefore,

it is necessary to extend the dates provided in said sub-sections (3) and (4).

4.

The Government, therefore, considers it expedient to amend sections

2, 3, 6, 109 and Schedule of the Maharashtra Public Universities Act, 2016

and to add a new Schedule B in the said Act, suitably, for the above purposes.

5.

The Bill seeks to achieve the above objectives.

Mumbai,

UDAY SAMANT,

Dated the 17th 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 legislative

power, namely :—

Clause 3.—Under this clause, which seeks to amend sub-section (6)

of section 3 of the Maharashtra Public Universities Act, 2016

(Mah. VI of 2017), under sub-clause (b), power is taken to the State

Government, by notification in the Official Gazette,—

(a) to constitute a cluster university and to specify lead college

or institution or constituent colleges or institutions of such

university ;

(b) to amend or insert necessary entry regarding cluster

university in the Schedule B ;

(c) to specify for university authorities and powers and

functions of university ;

(d) to specify other supplemental, incidental and consequential

provisions as the State Government may deem necessary.

Clause 8.—Under this clause power is taken to the State

Government to remove, by an order published in the Official Gazette,

any difficulty which may arise in giving effect to the provisions of the

Act, within a period of two years from the commencement of the Act.

2.

The above-mentioned proposals for delegation of legislative power

are of normal character.

Vidhan Bhavan :

RAJENDRA BHAGWAT,

Mumbai,

Principal Secretary,

Dated the 22nd March, 2022.

Maharashtra Legislative Assembly.

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.