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1

L. A. BILL No. XXXIX OF 2022.

A BILL

to provide to establish and incorporate and to regulate the ITM Skills

University, Navi Mumbai in the State, a Self-financed Skills University, to create

skilled and employable youth, to encourage job creation and to promote delivery

of quality skills education, startups, incubation, employability, training,

counselling, apprenticeship training, on-job training and placements in an

integrated manner with industry partnership, to promote inclusive growth by

facilitating employment and providing self-employment guidance for the youth to

enhance their incomes and for matters connected therewith or incidental thereto.

Whereas, it is expedient to provide to establish and incorporate and to regulate the

ITM Skills University, Navi Mumbai in the State, a Self-financed Skills University, to

create skilled and employable youth, to encourage job creation and to promote delivery

of quality skills education, startups, incubation, employability, training, counselling,

apprenticeship training, on-job training and placements in an integrated manner with industry

partnership, to promote inclusive growth by facilitating employment and providing

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RNI No. MAHBIL/2009/40123

MAHARASHTRA LEGISLATURE SECRETARIAT

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

28^th December, 2022 is published under Rule 117 of the Maharashtra Legislative Assembly

Rules.

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self-employment guidance for the youth to enhance their incomes and for matters connected

therewith or incidental thereto, it is hereby enacted in the Seventy-third Year of the Republic

of India as follows :—

1.

(1) This Act may be called the ITM Skills University, Navi Mumbai Act, 2022.

(2) It shall come into force on such date, as the State Government may, by notification

in the Official Gazette, appoint.

2.

In this Act, unless the context otherwise requires,—

(a) “adjunct professor”, “adjunct associate professor”, “adjunct assistant

professor” or “professor of practice”, means a person from industry, manufacturing

and service sector, industrial associations, trade, agriculture, commerce, social, cultural,

academic or any other allied field who is so designated during the period of collaboration

or association with the University ;

(b) “apprenticeship training” means a course of training in any industry or

establishment undergone in pursuance of a contract of apprenticeship and under

prescribed terms and conditions which may be different for different categories of

apprentices ;

(c) “authorities” means the authorities of the University as specified by or

under this Act ;

(d) “Board of Management” means the Board of Management constituted under

section 22 of this Act ;

(e) “campus” means the area of University within which it is established ;

(f) “center of excellence” means the state-of the art training or research center

established in collaboration with industry association or for the benefit of the industry

and society, to provide all types of skills to students, in-service employees, working

professionals and to undertake joint projects ;

(g) “constituent institute” means a college or department or school or center

or institute established by the sponsoring body which comes under the ambit of the

University ;

(h) “employee” means any person appointed by the University and includes

teachers, officers and other staff of the University ;

(i) “fee” means tuition fees, other fees and charges including developmental

charges collected by the University or its colleges, institutions, skill centers or study

centers, as the case may be, from the students by whatever name it may be called ;

(j) “Government” or “State Government” means the Government of

Maharashtra ;

(k) “Governing Body” means the Governing Body constituted under section 21

of this Act ;

(l) “online and distance education” means education imparted by combination

of any two or more means of communication, viz. broadcasting, telecasting, information

communication technology, online, contact programmes and any other such blended

methodology ;

(m) “notification” means a notification published in the Official Gazette ;

(n) “Official Gazette” means the Maharashtra Government Gazette ;

(o) “prescribed” means prescribed by rules or statutes or ordinances or

regulations, as the case may be, made by or under this Act ;

Short title and

commencement.

Definitions.

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3

18 of

2013.

Incorporation of

University.

(p) “on-job training” a technique wherein students or employees are given direct

instructions to perform their jobs on the actual work floor ;

(q) “President” means the President of the University, who shall also be the

Chancellor of the University ;

(r) “regulatory body” means a body established by the Central Government or

State Government for laying down norms and conditions for ensuring academic

standards of skills education ;

(s) “rules” means the rules made by the Government ;

(t) “section” means a section of this Act ;

(u) “Skill Department” means Skill, Employment, Entrepreneurship and Innovation

Department, Government of Maharashtra ;

(v) “sponsoring body” in relation to the University established under this Act

means, the ITM Trust, with CIN No. U80301MH2021 NPL 354978, a company

registered under section 8 of the Companies Act, 2013 having its registered office

at Plot 25 and 26, Institutional Area, Sector 4, Kharghar, Navi Mumbai 410 210;

(w) “State” means the State of Maharashtra ;

(x) “Statutes”, “Ordinances” and “Regulations” mean respectively, the Statutes,

Ordinances and Regulations of the University made under this Act ;

(y) “student” means a person enrolled in the University for taking a program

of study for a degree, diploma or other academic distinction instituted by the University,

including post graduate, PhD degree and research degree ;

(z) “study center” means a center established and maintained by the University

for the purpose of advising, career guidance and counseling or for rendering any

other assistance required by the students in the context of all the programs including

online and distance education offered by the University ;

(za) “skill center” means a training center established by the University or

extended to the University by the industry, industry associations, corporates, companies

and practitioners to provide skill training for the benefit of the industry, students, local

population and all stakeholders ;

(zb) “teacher” means a professor, associate professor, assistant professor,

adjunct professor, professor of practice, industry experts or resource persons or any

other person required to impart education, skills, practical training, guide research or

render guidance in any form to the students for pursuing a course of study of the

University ;

(zc) “University” means the ITM Skills University, Navi Mumbai.

3.

(1) There shall be established a University by the name of the ITM Skills

University, Navi Mumbai.

(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 ITM Skills

University, Navi Mumbai’.

(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 and conferment

of degree, diploma and certificate to the students admitted therein.

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(5) The University shall be situated and have its head-quarters at ITM Skills University,

Navi Mumbai, Plot 24 and 25, Institutional Area, Kharghar, Navi Mumbai 410 210.

4. The objects of the University shall be as follows: —

(a) to develop qualified youth with skill proficiency and competency at different

levels ;

(b) to provide learning, teaching, capacity, capability and skills development and

entrepreneurial training, covering a wide spectrum of domains and specializations as

may be relevant from time to time, in the fields in which future jobs are going to

be created such as automotive, apparel and furnishing, aviation and aerospace, media

and entertainment, film, capital goods, communication, design, technology, management

and entrepreneurship, business, banking and insurance, healthcare, hospitality, logistics,

sports, travel and tourism, life sciences, applied and creative arts, humanities, data

science and artificial intelligence, e-business, retail, analytics, agri business, related

to industry 4.0 and any other fields of study including the imparting of skills that have

employment potentiality ;

(c) 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 ;

(d) to create entrepreneurs and intrapreneurs by providing necessary skill and

support ;

(e) to frame credit framework for competency based skills education ;

(f) to establish state-of-the-art facilities for education, skills training and

entrepreneurship development ;

(g) to carry out teaching, skilling and research and offer continuing quality

education programmes ;

(h) to start skills development programmes aiming for employment and

entrepreneurship courses in new and emerging areas with innovative approaches ;

(i) to institute postgraduate degree, PhD degree, research degree, degrees,

diplomas, certificates and other academic distinctions on the basis of examinations

or any other methods of evaluation ;

(j) to provide choice based credit system courses including online credit courses ;

(k) to provide higher vocational skill development and training through a variety

of programs leading to gainful employment, entrepreneurship, on-job training and

apprenticeship training ;

(l) to establish links, collaborations and partnerships with other institutions, industry

and industry associations in India and abroad ;

(m) 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 ;

(n) to aim at reaching the unreached by using latest information communication

technology to deliver education, training and teaching resources to learners ;

(o) to provide a teaching learning pedagogy which combines multiple forms of

education and learning pedagogy and delivery (blended or distance or online or skill

or other) and thus provide a ‘Virtual Campus’ where students will come together

with experienced faculty and industry members to develop and evolve ;

(p) to provide learning opportunities to wide range of learners representing

diverse backgrounds, age groups and socio-economic status and geographic location

through a self-paced, self-styled, face to face and online learning environment ;

Objects of

University.

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5

(q) to deliver blended or distance or online degrees in skill education with prior

permission of competent authority ;

(r) to collaborate with other colleges, universities, research institutions, profit

and non-profit organizations, corporates, industry, industry associations, professional

associations or other organizations in India or overseas to conceptualize, design,

develop and offer specific education and research programmes, training programmes,

skilling and exchange programmes for students, faculty members and others ;

(s) to provide a teaching learning pedagogy focused on hands-on training,

professional and skill based training in line with market needs ;

(t) to conduct research in labour market requirements in order to understand

emerging trends and offer suitable curricula, courses and programmes ;

(u) to undertake collaborative research and advocacy with any organizations

in India or overseas for promoting innovative models of education, research, training

and skill development aiming for employment and entrepreneurship ;

(v) to design and deliver high quality training, capacity building and development

systems for teachers, administrators and working professionals ;

(w) to collaborate with other institutes, industries, businesses, universities or

labs or agencies or organizations of repute from other States of India or foreign

countries to offer joint programmes or courses or research or exchange faculty or

information or share practices and give or receive equipment or resources or grants

or consultancy for benefit of students ;

(x) to offer mechanism and facility for recognition of prior learning, upskilling

and reskilling ;

(y) to offer mechanism and facility of credit banking or transfer system to

create options of multi-entry and exit and opportunities for movement across

universities or domains or sectors ;

(z) to provide students an opportunity of life long and continuous training through

University courses offered through conventional or blended or distance or online

education and other education delivery models suitable for different pedagogical

approaches and systems ;

(za) to provide education, training and skill development opportunities to the

informal sector and unorganized workforce in order to build productivity ;

(zb) to provide flexible and modular learning pathways thereby enabling multi

entry and exit option ;

(zc) to provide vertical mobility to students undergoing technical, vocational and

skill based education and training by offering Diploma, Bachelor, Masters and Doctoral

programs in high growth sectors and offer various specializations to prepare the

youth towards gainful employment ;

(zd) to provide a flexible and open system of learning ;

(ze) to conduct pedagogical and skill enhancement training and development

programs for faculty and trainers who are involved in imparting vocational education

and skill training ;

(zf) to provide professional and development services to the industry,

organizations, agencies and the society at large ;

(zg) to undertake skill assessment certification for the students studying in the

University as well as for other students, agencies, training providers, institutions,

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industry and organizations ; to organize training on conducting skill assessments for

faculty, trainers, agencies, institutions and organizations ; to do research in the pedagogy

of skill assessments, online assessments, computerized assessments or tests and

develop required software, hardware solutions or other systems or processes for

carrying out assessments or tests ;

(zh) 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

for 21st century ;

(zi) to encourage industry and industry association participation through

establishment of innovation labs, in-service training centers, workshops and active

participation in all aspects of governance, curricula design, skill training, placements,

internships, consultancy, joint projects, etc ;

(zj) to establish campuses, skill centers, community colleges, study centers,

information centers, test or examination centers, centers of excellence, off campus,

off shore campuses, etc., at various locations in and outside the State and country

to facilitate delivery, student services and dissemination of education, consultancy,

information and skill training with the permission of competent regulatory body after

five years of establishment ;

(zk) to liaison or collaborate with various ministries, State bodies, departments,

agencies or other statutory bodies at state, national, international level in order to

understand education, skilling, employment and entrepreneurship needs and to impart

programmes accordingly ;

(zl) to interact with industries for participation in curricula development, teacher

training, practical, research, on-job training, skill assessment certifications, etc. ;

(zm) to undertake necessary or expedient action to pursue and promote the

objectives of the University ;

(zn) 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 competent regulatory body.

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 develop curriculum packages and credit frameworks for different levels

as may be prescribed by the University ;

(iii) to define norms and parameters of skill education, teaching and instruction,

consistent with the credit framework and curriculum packages, as the University

may deem fit ;

(iv) to institute and confer degrees, diplomas, certificates, awards, grades, credits

and academic distinctions ;

(v) to conduct and hold examinations ;

(vi) to take necessary action to ensure students enrolled in programs are

completing their programs and achieving target outcomes including apprenticeship

training and on-job training ;

(vii) to provide for the degrees, diplomas, certificates, equivalent or corresponding

to the degrees, diplomas, certificates of other recognized Universities, Boards or

Councils ;

Powers and

functions.

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7

(viii) to deliver choice based credit system courses including online credit

courses ;

(ix) to deliver higher vocational skill development and training through a variety

of programs leading to gainful employment, entrepreneurship, on-job training and

apprenticeship training ;

(x) to offer any academic programmes, as approved by its statutory bodies

from time to time ;

(xi) to take all necessary measures for setting up campus ;

(xii) to institute and confer honorary degrees, as may be prescribed ;

(xiii) to institute and award fellowships, scholarships, studentships, as may be

specified ;

(xiv) to take special measures for spreading educational facilities among the

educationally backward strata of the society ;

(xv) to create technical, administrative and other necessary posts and to make

appointments thereto ;

(xvi) to undertake research projects on mutually acceptable terms and conditions ;

(xvii) to provide consultancy services ;

(xviii) to frame Statutes, Ordinances, rules and Regulations for carrying out the

objects of the University in accordance with the provisions of the Act ;

(xix) to encourage and promote co-curricular activities for personality

development of the teachers, students and employees of the University ;

(xx) 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 competent regulatory body ;

(xxi) to make such provisions for integrated courses in different disciplines of

the University ;

(xxii) to set-up centers, colleges, institutions, off-campus centers, off-shore

campus, study centers, skill centers, examination centers, centers of excellence, satellite

centers as per the instructions issued by the State Government, Central Government

and competent regulatory body, from time to time ;

(xxiii) 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 with reference

to prevailing rules and regulations and to invest funds, as may be prescribed ;

(xxiv) to prescribe the fee structure for various programs or courses, from time

to time, as per provisions of this Act ;

(xxv) to demand and receive payments of such fees and other charges, as may

be specified, from time to time ;

(xxvi) to seek collaboration with other institutions, industry, industry associations

on mutually acceptable terms and conditions ;

(xxvii) to determine salaries, remunerations, honoraria to teachers and employees

of the University in accordance with the norms specified by the competent regulatory

bodies ;

(xxviii) to organize and to undertake extra-mural teaching and extension

services ;

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(xxix) to regulate and enforce discipline among students and employees of the

University and to take such disciplinary measures as may be deemed necessary ;

(xxx) to make arrangements for promoting health and general welfare of the

students and the employees of the University ;

(xxxi) 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 be specified, from time to time ;

(xxxii) to provide for the printing, re-printing and publication of research and

other work, including text books, which may be issued by the University ;

(xxxiii) 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 ;

(xxxiv) institute degrees, diplomas, certificates and other academic distinctions

on the basis of successful completion of respective degree programs and award of

credits for academic work evaluated through multiple methods of assessment ;

(xxxv) to make provisions for designing the program structures, curricula, credit

system, teaching learning methodology, evaluation pedagogy and adopt all measures

in respect of study, teaching and research, relating to the programs offered by the

University, in line with industry requirement ;

(xxxvi) to prescribe norms of minimum qualification for teachers, staff and

Industry experts or resource persons to be appointed in teaching cadre and for training ;

(xxxvii) to prescribe the evaluation methodology including modalities of industry

based skill assessment, industry based projects, internships, on the job training and

any related activities ;

(xxxviii) to institute choice based credit system in-line with skill development

pedagogy, providing students the facility of multi-entry exit and credit banking and

transfer at all levels ;

(xil) to establish Department of Distance and Online Learning and Continuing

Education, to offer certificate, diploma and degree programs to students and working

professionals ;

(xl) to deliver blended or online degrees in skill education with prior permission

of competent authority;

(xli) to introduce online learning programs as per needs of the students and

industry ;

(xlii) to purchase or to take on lease or leave and license any land or building,

premises or infrastructure which may be necessary or convenient as the University

may deem fit for attainment of its objects ;

(xliii) to conduct multiple enrollment cycles for Online Learning programs being

offered by the University ;

(xliv) to institute scheme for multi-entry and multi exit, recognition of prior

learning, credit banking and transfer, credit waiver, vertical and lateral mobility and

any other such scheme which promotes skill development at large ;

(xlv) to establish Department of Recognition of Prior Learning to provide

equivalency certificates, course exemptions, bridge courses, certificate of skill mapping,

flexible learning pathways, etc. to students ;

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9

(xlvi) to undertake skill assessments for the students studying in the University

as well as for other students, agencies, training providers, institutions, industry and

organizations, desirous of undertaking third party assessments ;

(xlvii) to establish Vocational and Employment Guidance Cell to interact with

local industries to understand the employment opportunities and emergent job

requirements and to help students choose a career of his or her choice through

career counselling ;

(xlviii) to impart career guidance and counselling to the youth ;

(xlix) 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,

nationality, religious belief or profession or political or other opinion.

(2) The University shall adopt Government policy and orders issued, from time to

time, in regard to the reservation for Scheduled Castes, Scheduled Tribes, Denotified Tribes

(Vimukta Jatis), Nomadic Tribes, Other Backward Classes, Special Backward Category,

Person with Disability, Economically Weaker Sections (EWS), etc. for the purpose of

admission of students in the University, 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 students from 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 State Government.

8.

(1) The sponsoring body shall establish a permanent statutory fund to be called

the “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, 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 amounts 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 following shall be credited, namely :—

(i) fees and other charges received by the University ;

(ii) any contribution made by the sponsoring body ;

University open

to all.

University to

be self-financed.

Endowment

Fund.

General Fund.

¦ÉÉMÉ {ÉÉSÉ---+-41-2.

BSɤÉÒ--1473--2.

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(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 of 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.

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 ;

(iv) the Registrar ;

(v) the Chief Finance and Accounts Officer ;

(vi) the Director of Assessment and Evaluation ; 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

five years and shall be eligible for one more term.

(2) The eligibility criteria for the post of President shall be minimum a graduate from

a recognized University with ten years experience in skill development or industry.

(3) The President shall be the Head of the University.

(4) The President shall preside over at the meetings of the Governing Body and

convocation of the University for conferring 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 of this Act ;

(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 ;

(b) has been convicted by a court for any offence involving moral turpitude ;

(c) become an undischarged insolvent and stands so declared by a competent

court ;

(d) become physically unfit and incapable of discharging the functions or duties

of the office due to protracted illness or physical disability ; or

(e) has 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

Application of

General Fund.

Officers of

University.

President.

Removal of

President.

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11

Vice-Chancellor.

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.

14.

(1) 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 Commissions. The Vice-

Chancellor shall, subject to the provisions contained in sub-section (7), hold office for a

term of three years :

Provided that, first Vice-Chancellor of the University shall be appointed by the

sponsoring body, from amongst the persons possessing the requisite qualifications and

experience therefor, for the period of one year or regular Vice-Chancellor is appointed,

whichever is earlier:

Provided further 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 also that, the Vice-Chancellor shall continue to hold office even after the

expiry of his term till new Vice-Chancellor joins, 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 anytime upon representation made or otherwise and after making such

inquiry as may be deemed necessary, the situation so warrants and if he continuance of

the Vice-Chancellor is not in the interests of the University, the President with approval

of 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.

12

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Deans of

Faculties.

Director of

Assessment and

Evaluation.

15.

(1) The Deans 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 shall assist the Vice-Chancellor in managing the academic 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.

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 Director of Assessment and Evaluation 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 Director of Assessment and Evaluation 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 Director of Assessment and Evaluation 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 five years and he

shall be eligible for re-appointment for a term not exceeding five years. The qualifications

and experience for the purpose of selection of the Director shall be such, as may be

prescribed by the Statutes.

(4) The Director of Assessment and Evaluation 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 person connected with examinations and

found guilty of malpractices in relation to the examinations ;

(e) reviewing from time to time, the results of University examinations and

forward reports thereon to the Academic Council.

(5) The Director of Assessment and Evaluation shall exercise such other powers

and perform such other duties, as may be prescribed or assigned to him.

18.

(1) The Chief Finance and Accounts Officer shall be the principal finance,

accounts and audit officer of the University.

Registrar.

Chief Finance

and Accounts

Officer.

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13

Governing

Body.

(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 Assessment and Evaluation ; 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 and remaining shall be industry experts having five years

experience in skill development ;

(d) one expert from outside the University, nominated by the President ;

(e) one person, nominated by the State Government having five years experience

in skill development ;

(f) 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, quality control 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 there under ;

(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 followed by the University ;

(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.

Other officers.

Authorities of

University.

14

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Board of

Management.

(4) The Governing Body shall, meet at least thrice in a calendar year or minimum

once in every four months.

(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, 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 Assessment and Evaluation shall be the principal authority

of the University for conducting the examination and making policy decisions in regard to

organizing and holding examinations, schemes or policies for skill based assessments and

weightage, improving the system of Assessment and Evaluation, appointing the paper-

setters, examiners, moderators, skill assessors from industry, and also to prepare the

schedule of Assessment and Evaluation and declaration of results. The Board of Assessment

and Evaluation should also oversee and regulate the conduct of examinations in examination

centers, skill centers, study centers or any center related to the University.

Explanation.—For the purposes of this section and of section 38, the expression

“schedule of Assessment and Evaluation” 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.

(2) The Board of Assessment and Evaluation shall consist of following members,

namely :—

(a) the Vice-Chancellor - Chairperson ;

(b) two Deans of faculties of the University, by rotation, nominated by the

Vice-Chancellor-Member ;

Academic

Council.

Board of

Assessment and

Evaluation.

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15

(c) one evaluation expert, co-opted by the Board of Assessment and Evaluation

Member ;

(d) the Director of Assessment and Evaluation - Member-Secretary.

(3) The powers and functions of the Board of Assessment and Evaluation shall be

such, as may be specified in the Statutes.

25.

The constitution, powers and functions of other authorities of the University

shall be such, as may be specified in 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.

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 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 ;

(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 Dean

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 employees, students

and the University ;

(f) the conferment of honorary degrees ;

Other

authorities.

Disqualification.

Vacancies not to

invalidate act or

proceedings of

any authority

or body of

University.

Filling of casual

vacancies.

Committees.

First Statutes.

16

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(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 the date of such publication.

31.

(1) Subject to the provisions of this Act and the rules made there under, the

subsequent Statutes of the University may provide for all or any of the following matters,

namely :—

(a) creation of 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

departments;

(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 under the provisions of this Act shall 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 provided, hereinafter

in this section :

Provided that, the Board of Management shall not make any Statute or any amendment

of 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.

(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 instruction, education and examination except in

consultation with the Academic Council.

32.

(1) The first Ordinances 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 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 :—

Subsequent

Statutes.

First

Ordinances.

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17

(a) the admission of students to the University and their enrolment 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 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 there under.

(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.

(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, 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, admission in professional and technical courses shall be made only

through entrance test.

Subsequent

Ordinances.

Regulations.

Admissions.

¦ÉÉMÉ {ÉÉSÉ---+-41-3.

BSɤÉÒ--1473--3.

18

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(3) Seats for admission in the University, for the students belonging to Scheduled

Castes, Scheduled Tribes, De-notified Tribes (Vimukta Jattis), Nomadic Tribes, Other

Backward Classes, Special Backward Category, Person With Disability students and

Economically Weaker Section (EWS), shall be reserved as per the policy of the State

Government :

Provided that, the total reservation in any case shall not exceed fifty per cent.

(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) 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.

(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).

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.

(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 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

Fees Structure

Review

Committee.

Mah.

XXVIII

of 2015.

Prohibition of

capitation fee.

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19

Accreditation of

University.

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 31st

July of every calendar year, the University shall prepare and publish a semester-wise or

annual, as the case may be, Schedule of Assessment and Evaluation for each and every

course conducted by it and shall strictly adhere to such Schedule :

Provided that, if for any reason whatsoever, the University is unable to follow such

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 Assessment and

Evaluation. 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 assessment and

evaluation conducted by it within thirty days from the last date of the assessment and

evaluation 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 assessment and evaluation 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 assessment and evaluation or the results of an assessment and evaluation

shall be held invalid only for the reasons that the University has not followed the Schedule

of Assessment and Evaluation 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 degrees, diplomas, awards or

for any other purpose.

41.

The University shall obtain national or international accreditation from any such

other body or authority, as may be determined by the University, as per the contemporariness

and relevance of the marketplace after five years of existence.

42.

Notwithstanding anything contained in this Act, the University shall be bound

to comply with all the rules, regulations, norms, etc., of the competent regulatory 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) 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.

Convocation.

University to

follow rules,

regulations,

norms, etc. of

regulatory

bodies.

Annual report.

Annual

accounts and

audit.

Schedule of

Assessment and

Evaluation.

Declaration of

results.

Mah. VI

of 1988.

20

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(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 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, assessment and

evaluation and research or any other matter relating to the University, the Government

may, after consultation with the President and 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:

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 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 assets of the University without liabilities and free from all

encumbrances shall vest with the State Government, who shall utilize it for educational

purposes only.

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 there under 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 of this Act or a situation of financial

mis-management or mal-administration has arisen in the University, it shall issue 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 of this Act or of financial mis-management or mal-

administration, it shall make an order of such enquiry, as it may consider necessary.

Dissolution of

University by

sponsoring

body.

Special

powers of

State

Government in

certain

circumstances.

Powers of

Government to

inspect

University.

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21

(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 Enquiry 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 of this Act, or a situation of financial mis-

management or 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.

(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 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 self-financed skills 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-in-charge of the Skill,

Employment, Entrepreneurship and Innovation 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).

5 of

1908.

2 of

1974.

Secretary Level

Committee.

22

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49.

The Secretary Level Committee established under sub-section (1) of section

48 of this Act 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 skills universities and compliance of the provisions of the

relevant laws for the time being in force.

50.

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 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.

51.

(1) Where an offence under this Act, or the rules made thereunder, is committed

by a company, every person who at the time when the offence was committed, was

in- charge of, and was responsible to the company for the conduct of the business of the

company, as well as the company, shall be deemed to be guilty of the offence and shall

be liable to the proceeded against and punished accordingly :

Provided that, nothing contained in this sub-section shall render any person liable to

any punishment, if he proves that the offence was committed without his knowledge or

that he had exercised all due diligence to prevent the commission of such offence.

(2) Nothwithstanding anything contained in sub-section (1), where any offence under

this Act or the rules made thereunder, has been committed by a company with the consent

or connivance of, or is attributable to or on the part of, any Director, Manager, Secretary

or other Officer or servant of the company, such Director, Manager, Secretary or other

officer or servant concerned shall also be deemed to be guilty of that offence and shall

be liable to be proceeded against and punished accordingly.

Explanation.—For the purposes of this section,—

(a) “Company means a body corporate and includes a trust, a firm, society, an

institution or other association of individuals ; and

(b) “Director” in relation to,—

(i) A firm means a partner in the firm;

(ii) A society, a trust, an institution or other association of persons, or

body of individuals, means the person who is interested under the rules or

bye-laws of the society, trust, institution or other association or body with the

management of the affairs of the society, trust, institution or other association

or body, as the case may be.

52.

(1) The Government may, by notification, make rules to carry out the purpose

of this Act.

(2) Without prejudice to the generality of the foregoing power, such rules may provide

for all or any of the following matters, namely:—

(a) matters to be prescribed under clause (d) of sub-section (4) of section 47 ;

(b) any other matter which is required to be, or may be, prescribed by rules.

(3) All the rules 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 they are so laid or the sessions immediately

Inspection by

Secretary

Level

Committee.

Punishment.

Power to make

rules.

Offences by

companies.

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23

Power to

remove

difficulties.

following, both Houses agree in making any modification to the rule or both Houses agree

that the rule should not be made, the rule shall from the date of publication of a 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.

53.

(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 be laid, as soon as may be, after

it is made, be laid before each House of the State Legislature.

24

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STATEMENT OF OBJECTS AND REASONS

In line with the National Educational Policy, 2020, the State Government considers it

expedient to establish and incorporate Self-financed Skills Universities to promote skills

education, employability training and startups incubation with a view to enhance skill

development, employment and entrepreneurship in the State of Maharashtra.

2.

The Government further considers it expedient to make a new law to establish a

Self-financed Skills University by the name of ITM Skills University, Navi Mumbai which

will create an enabling environment for—

(1) developing competent, skilled and capable youth imbued with skills, learning

and the spirit of entrepreneurship to meet the skilled employment needs of the country;

(2) promoting skills education including employment and entrepreneurship in an

integrated manner with industry so as to ensure pathways for progression and mobility;

(3) establishing Campuses, Regional Centers, Skill Centers, Community Colleges,

Study Centers, Information Centers, Test or Examination Centers, Centers of

Excellence etc., at various locations in the State to facilitate delivery, student services

and dissemination of education, consultancy, information and skill training;

(4) providing skilling and employment opportunities to wide range of learners

representing diverse backgrounds, age groups and socio-economic status and

geographic location using the latest technology;

(5) partnering with employers, industries and industry associations to ensure

relevant curricula design, skill training, placements, internships, consultancy, joint

projects, etc.;

(6) supporting the economically backward communities in terms of providing

employment, entrepreneurship and self-employment opportunities;

(7) promoting inclusive growth by facilitating employment and providing self-

employment guidance for the youth to enhance their incomes, thus promoting inclusive

growth.

3.

The Bill seeks to establish a Self-Financed Skills University by the name of ITM

Skills, University, Navi Mumbai.

MANGAL PRABHAT LODHA,

Nagpur,

Minister for Skill, Employment,

Dated : 27th December, 2022.

Entrepreneurship and Innovation.

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25

MEMORANDUM REGARDING DELEGATED LEGISLATION

The Bill involves the following proposals for delegation of legislative power, namely :—

Clause 1(2).—Under this clause, power is taken to the State Government to appoint,

by notification in the Official Gazette, the date on which the Act shall come into force.

Clause 5(xxiv).—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 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, rules, Statutes, Ordinances

or Regulations made thereunder.

Clause 15(2).—Under this clause, power is taken to the University, to prescribe by

Regulations, the powers and functions of the Deans.

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 Statutes or Ordinances or Regulations,

the qualifications and experience for the selection of the Director of Assessment and

Evaluation ;

(b) under sub-clause (4), to prescribe by Statutes or Ordinances or Regulations,

the powers and duties of the Director of Assessment and Evaluation ;

Clause 18.—Under this clause, power is taken to the University,-

(a) under sub-clause (2), to specify by 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 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

Statutes, the manner of appointment, the terms and conditions of service of the officers

and their powers and functions.

Clause 21(3)(f).—Under this clause, power is taken to the University, to prescribe

the other powers of the Governing Body by the statutes.

Clause 23(4).—Under this clause, power is taken to the University, to specify by

Statutes, quorum for meeting of the Academic Council.

Clause 24(3).—Under this clause, power is taken to the University to specify by

Statuts, the powers and functions of the Board of Assesment and Evaluation.

Clause 30(4).—Under this clause, power is taken to the Government, to publish the

first Statutes, as approved by it, in the Official Gazette.

Clause 45(1).—Under this clause, power is taken to the 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 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 Government to issue

notification in the Official Gazette, after which University shall be operational.

¦ÉÉMÉ {ÉÉSÉ---+-41-4.

BSɤÉÒ--1473--4.

26

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Clause 52.—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 53.—Under this clause, power is taken to the State Government to issue an

order 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.

Vidhan Bhavan :

RAJENDRA BHAGWAT,

Nagpur,

Principal Secretary,

Dated : 28th 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 BOOK DEPOT, CIVIL LINES, NAGPUR-440 001 AND PUBLISHED AT DIRECTORATE OF GOVERNMENT PRINTING, STATIONERY

AND PUBLICATION, 21-A, NETAJI SUBHASH ROAD, CHARNI ROAD, MUMBAI-400 004. EDITOR : DIRECTOR, RUPENDRA DINESH MORE.