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Maharashtra Gazette · Government of Maharashtra

Nagpur 5 A (26-12-2022) Publication of a bill to amend the self-financed universities acts as L.A. Bill No. XXXVII of 2022 Ex. Ordinary. 39, no. 15(2)

Published 26 December 2022

Type
Extra - Ordinary
Part
Part 5A (English)
Division
NAGPUR DIVISION
Identifier
in.gazette.maharashtra.2022-12-26.Extra-Ordinary_NAGPUR-DIVISION_Part-5A-English-
Languages
English, Marathi
महाराष्ट्र शासन राजपत्र असाधारण भाग पाच-अ, डिसेंबर २६, २०२२/पौष ५, शके १९४४ १ RNI No. MAHBIL/2009/40123

महाराष्ट्र शासन राजपत्र

असाधारण भाग पाच-अ

म्रु ८, +हॅ १५ (२)] रूद्धम्न्, ह्यरूदन् २६, २०२२/रु ५, ॅ १९४४ [ण्रु ४, ॅद्ध : प् ३६.००

+रून् ॅद्धहॅ ३९

ह्यण्ॅ ॅ

द्धन्रु]क्ष् ह्यम्रू म् द्धन्रु]क्ष् ह्यम्ह्यन्रु रून् ॅ्र ह्यम्ॅ (ह्र +ाम्).

MAHARASHTRA LEGISLATURE SECRETARIAT

The following Bill was introduced in the Maharashtra Legislative Assembly on the 26th December, 2022 is published under Rule 117 of the Maharashtra Legislative Assembly Rules.

L. A. BILL No. XXXVII OF 2022.

A BILL

to amend the Self-financed Universities Acts.

WHEREAS it is expedient to amend the Self-financed Universities Acts, 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 Self-financed Universities (Amendment) Short title.

Act, 2022.

2. In,—

(1) the Amity University Act, 2014 ; Mah. XIII of 2014. (2) the Spicer Adventist University Act, 2014 ; Amendments of sections 14 and 36 of Self-financed Universities Acts. Mah. XIV of 2014.

(१)

भाग पाच---अ-३९-१. एचबी-१४६५-१.

२ महाराष्ट्र शासन राजपत्र असाधारण भाग पाच-अ, डिसेंबर २६, २०२२/पौष ५, शके १९४४

(3) the FLAME University Act, 2014 ;

Mah. II of 2015.

(4) the Ajeenkya D. Y. Patil University Act, 2014 ;

Mah. III of 2015.

(5) the Sandip University Act, 2015 ;

Mah. XXXVIII of 2015.

(6) the MIT Art, Design and Technology University Act, 2015 ; Mah. XXXIX of 2015.

(7) the Dr. Vishwanath Karad MIT World Peace University Act, 2016 ;

Mah. XXXV of 2017.

(8) the Symbiosis Skills and Professional University Act, 2017 ;

Mah. XXXVII of 2017.

(9) the Vishwakarma University Act, 2017 ;

Mah. XXXVIII of 2017.

(10) the DSK World University Act, 2017 ;

Mah. XXXIX of 2017.

(11) the Sanjay Ghodawat University, Kolhapur, Act, 2017 ;

Mah. XL of 2017.

(12) the D. Y. Patil International University, Pune Act, 2017 ; Mah. LXIII of 2017.

(13) the G. H. Raisoni University, Amravati Act, 2018 ;

Mah. XXIX of 2018.

(14) the Chhatrapati Shivaji Maharaj University, Panvel Act, 2018 ; Mah. XXXII of 2018.

(15) the Vijaybhoomi University, Raigad Act, 2018 ;

Mah. LXXVII of 2018.

(16) the Somaiya Vidyavihar University, Mumbai Act, 2019 ;

Mah. V of 2019.

(17) the D. Y. Patil University, Pune Act, 2019 ;

Mah. VI of 2019.

(18) the Sri Balaji University, Pune Act, 2019 ;

Mah. XII of 2019.

(19) the Ramdeobaba University, Nagpur Act, 2019 ;

Mah. XIII of 2019.

(20) the MGM University, Aurangabad Act, 2019 ;

Mah. XXVI of 2019.

(21) the D. Y. Patil Agriculture and Technical University,

Talsande, Kolhapur Act, 2020 ;

Mah. XXXVI of 2020.

(22) the NICMAR University, Pune Act, 2022 ;

Mah. XXXVI of 2022.

(23) the Dr. P. A. INAMDAR University, Pune Act, 2022 ,—

Mah. XXXVII of 2022.

महाराष्ट्र शासन राजपत्र असाधारण भाग पाच-अ, डिसेंबर २६, २०२२/पौष ५, शके १९४४ ३

(a) in section 14, in sub-section (1), for the portion beginning with the words "The Vice-Chancellor" and ending with the words "the Governing Body and" the following portion shall be substituted, namely :—

"The Vice-Chancellor shall be appointed by the President, from a panel of three persons, fulfilling such eligibility criteria and on such terms and conditions as may be specified by Statutes, recommended by the Search-cum-Selection Committee constituted as per the rules or regulations framed by the University Grants Commission. The Vice- Chancellor" ;

(b) for section 36, the following section shall be substituted, respectively, namely :—

Fees Structure Review Committee.

" 36. (1) The university may, from time to time, prepare its fees structure for various courses and programmes and forward it for approval of the Fees Structure Review Committee constituted by the State Government by the Government Resolution, issued from time to time, to review the fees structure, for various courses and programmes of all self- financed universities.

Mah. XXVIII of 2015.

(2) The procedure to be adopted by the Fees Regulating Authority and factors for determination of fees structure provided in sections 14 and 15 of the Maharashtra Unaided Private Professional Educational Institutions (Regulations of Admissions and Fees) Act, 2015, shall mutatis mutandis be followed by the Fees Structure Review Committee while considering the fees structure proposal prepared by the university.

(3) The committee shall consider the fees structure prepared by the university, review it and shall submit its recommendations to the Government after taking into consideration whether the proposed fees is,—

(a) sufficient for,—

(i) generating resources for meeting the recurring expenditure of the university; and

(ii) the savings required for further development of the university; and

(b) not unreasonably excessive.

(4) After receipt of the recommendations under sub-section (3), if the Government is satisfied that the proposed fees structure is sufficient and reasonable, it may approve the fees structure. If the Government is satisfied that the proposed fees structure is not sufficient and unreasonable then, it may reject it and send it back to the committee for it's reconsideration. The fees structure approved by the Government shall remain valid until next revision.

(5) The State Government shall not reimburse any fees or shall not take any financial liability for students belonging to the backward classes admitted into the university.

(6) The university shall not charge any fees, by whatever name called, other than that for which it is entitled under sub-section (4).".

४ महाराष्ट्र शासन राजपत्र असाधारण भाग पाच-अ, डिसेंबर २६, २०२२/पौष ५, शके १९४४

STATEMENT OF OBJECTS AND REASONS

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 granted 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. Accordingly number of self-financed universities are established in the State by various Self-financed Universities Acts of the State Legislature.

2. Section 14 of the Self-Financed Universities Acts provides for the appointment of the Vice-Chancellor on the terms and conditions specified by the Statutes from a panel of three persons recommended by the Governing body.

The provisions of the constitution of Selection Committee for appointment of Vice-Chancellor have been modified subsequently by the University Grants Commission vide the University Grants Commission (Minimum Qualifications for Appointment of Teachers and other Academic Staff in Universities and Colleges and other Measures for the Maintenance of Standards in Higher Education) Regulations, 2018 framed under the University Grants Commission Act, 1956 (3 of 1956).

In view of above, the existing provisions regarding appointment of Vice-Chancellor contained in the Self-Financed Universities Acts needs to be amended suitably so as to make them in consonance with the UGC Regulations.

3. Section 36 of the Self-financed Universities Acts provides for the fees structure and constitution and composition of the Fees Structure Review Committee. There is no uniformity in the provisions of the Self- financed Universities Acts regarding fees structure for various courses and programmes of self-financed universities. In order to bring the uniformity in the provisions of fees structure and to constitute one Fees Structure Review Committee for all self-financed universities and to provide for the procedure to be adopted by the said Committee and factors for determination of fees structure, it is necessary to substitute section 36 of the Self-financed Universities Acts.

4. The Bill seeks to achieve the above objectives.

CHANDRAKANT PATIL,

Nagpur, Minister for Higher and Dated the 23rd December, 2022. Technical Education.

Vidhan Bhavan, RAJENDRA BHAGWAT,

Nagpur,

Principal Secretary,

Dated : 26th December, 2022. Maharashtra Legislative Assembly.

ON BEHALF OF GOVERNMENT PRINTING, STATIONERY AND PUBLICATION, PRINTED AND PUBLISHED BY DIRECTOR, RUPENDRA DINESH MORE, PRINTED AT GOVERNMENT PRESS AND B00K DEPOT, CIVIL LINES, NAGPUR-440 001 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.

Cite this issue. Maharashtra Gazette, Government of Maharashtra, 26 December 2022. Indian Gazettes, https://egazette.servantsofknowledge.in/details/in.gazette.maharashtra.2022-12-26.Extra-Ordinary_NAGPUR-DIVISION_Part-5A-English-/. Archive identifier in.gazette.maharashtra.2022-12-26.Extra-Ordinary_NAGPUR-DIVISION_Part-5A-English-.