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1

Short title

and comm-

encement.

MAHARASHTRA ACT No. III OF 2023.

(First published, after having received the assent of the Governor in the

“ Maharashtra Government Gazette ”, on the 5th January 2023).

An Act to provide for establishment, incorporation and regulation of

the Universal Ai University, Karjat, for the development and

advancement of higher education in the State of Maharashtra and for

matters connected therewith or incidental thereto.

WHEREAS it is expedient to provide for the establishment,

incorporation and regulation of the Universal Ai University, Karjat, for the

development and advancement of higher education in the State of

Maharashtra and for matters connected therewith or incidental thereto,

for the purposes hereinafter appearing; it is hereby enacted in the Seventy-

third Year of the Republic of India, as follows :—

1.

(1) This Act may be called as the Universal Ai University, Karjat

Act, 2022.

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

by notification in the Official Gazette, appoint.

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+ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö

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+ºÉÉvÉÉ®úhÉ Gò¨ÉÉÆEò 3

|ÉÉÊvÉEÞòiÉ |ÉEòɶÉxÉ

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Ê´ÉÊvÉ ´É xªÉÉªÉ Ê´É¦ÉÉMÉÉEòbÚ÷xÉ +ɱÉä±ÉÒ Ê´ÉvÉäªÉEäò (<ÆOÉVÉÒ +xÉÖ´ÉÉnù).

In pursuance of clause (3) of article 348 of the Constitution of India, the following translation

in English of the Universal Ai University, Karjat Act, 2022 (Mah. Act No. III of 2023), is hereby

published under the authority of the Governor.

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

SATISH WAGHOLE,

I/c. Secretary (Legislation) to Government,

Law and Judiciary Department.

RNI No. MAHENG / 2009 / 35528

¦ÉÉMÉ +É`ö------3---1

(1)

2

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Definitions.

2.

In this Act, unless the context otherwise requires,—

(a) “Adjunct Professor”, “Adjunct Associate Professor” or “Adjunct

Assistant Professor” means a person from industry, trade, commerce,

social, cultural, academic or any other allied fields who is so designated

during the period of collaboration or association with the university ;

(b) “authorities” means the authorities of the university as specified

by or under this Act ;

(c) “Board of Management” means the Board of Management

constituted under section 22 of this Act ;

(d) “campus” means the area of the university within which it is

established ;

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

research center established in collaboration with industry or for the

benefit of the industry and society to provide all types of relevant

skills to students, in-service employees, working professionals and to

undertake joint projects ;

(f) “distance and online education” means education imparted by

combination of any two or more means of communication, viz.

broadcasting, telecasting, correspondence courses, seminars, contact

programs and any other such methodology ;

(g) “employee” means any person appointed by the university and

includes teachers, officers and other staff of the university ;

(h) “fee” means monetary collection made by the university or its

colleges, institutions or study centers, as the case may be, from the

students by whatever name it may be called, which is not refundable ;

(i) “Government” or “State Government” means the Government

of Maharashtra ;

(j) “Governing Body” means the Governing Body constituted under

section 21 of this Act ;

(k) “higher education” means pursuit of knowledge beyond learning

at the stage of higher secondary school education ;

(l) “hostel” means a place of residence for the students of the

university, or its institutions and study centers, established or

recognized to be as such by the university ;

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

Gazette ;

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

(o) “prescribed” means prescribed by Statutes or Ordinances or

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

(p) “President” means the President of the university who shall

also be the Chancellor of the university ;

(q) “regulating body” means a body established by the Central

Government for laying down norms and conditions for ensuring

academic standards of higher education, such as the University Grants

Commission, All India Council of Technical Education, National Council

of Teacher Education, National Medical Commission, Pharmacy Council

of India, National Council of Assessment and Accreditation, Indian

Council of Agriculture Research, Distance Education Council, Council

of Scientific and Indian Research, etc., and includes the Government ;

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3

Incorporation.

Objects of

university.

(r) “rules” means the rules made by the State Government ;

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

(t) “sponsoring body” in relation to the university established under

this Act, means the Strive India Education Foundation, registered as

Company under the Compenies Act, 2013 and having its registered

office at 105, Runwal and Omkar Esquare, 1st Floor, Eastern Express

Highway, Sion (East) Mumbai 400 022 ;

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

(v) “Statutes”, “Ordinances” or “Regulations” mean respectively,

the Statutes, Ordinances or Regulations of the university made under

this Act ;

(w) “student” means a person enrolled in the university for taking

a course of study for a degree, diploma or other academic distinction

instituted by the university, including a research degree ;

(x) “study center” means a center established and maintained or

recognized by the university for the purpose of advising, counseling or

for rendering any other assistance required by the students in the

context of distance education ;

(y) “teacher” means a Professor, Associate Professor, Assistant

Professor, Adjunct Professor or any other person required to impart

education or to guide research or to render guidance in any form to

the students for pursuing a course of study of the university ;

(z) “university” means the Universal Ai University, Karjat.

3.

(1) There shall be established a university by the name of the

Universal Ai University, Karjat.

(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 Universal Ai University, Karjat ”.

(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 or conferment of degree, diploma or certificate to

the students admitted therein.

(5) The university shall be situated and have its head-quarters at the

Universal Ai University, Karjat, S. No. 54/1 to 54/27, 55/0, 57/0, 58/0, 7/3,

Village Kushival, Kushivili, Taluka Karjat, District Raigad- 410 021.

4.

The objects of the university shall be as follows, namely :—

(a) to provide learning, teaching, capacity, capability and skills

development and research and development in higher and technical

education, covering Liberal Arts, Humanities, Social Sciences, Life Sciences

and Biotechnologies, Nano-Sciences and Technologies, Professional

Disciplines such as Engineering, Technology, Management, Business and

Commerce, Applied and Creative Arts, Vocational Education, Media,

Information and Communication Technology and Education per se and

their inter-disciplinary studies and development.

I of

2013.

¦ÉÉMÉ +É`ö------3---1+

4

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73 of

1993.

3 of

1956.

8 of

1948.

25 of

1961.

(b) to provide instructions, teaching and training in Higher and

Technical Education, Arts, Sports, Culture, Film, Space Technologies,

Marine Research and make provisions for research;

(c) to create higher level of cognitive, affective and psychomotor (head,

hearts and hands) abilities;

(d) to create higher levels of intellectual abilities;

(e) to create and deploy new educational programs to promote creativity,

innovation and entrepreneurship for inventing new ways for development

and social reconstruction and transformation;

(f) to establish state-of-the-art facilities for education and development;

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

education programmes;

(h) to create centers of excellence for research and development in

Science and Technology and socio-economic development, and for sharing

knowledge and its application;

(i) to use modern and post-modern processes, mechanisms and

technologies for governance and management of learning, teaching,

researching, evaluating, developing, organizing and creating socio-economic

wealth for individuals and society in 21st century;

(j) to provide professional and development services to the industry

and public organizations and society;

(k) to start higher education programs, courses in new and emerging

areas with innovative approaches;

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

education and research institutions in India and abroad;

(m) to institute degrees, diplomas, certificates and other academic

distinctions on the basis of examinations, or any other methods of evaluation;

(n) to establish innovative approaches for creation of seamlessness in

academic structures, learning time-frames, and working and continuous

evaluation processes for nurturing and cultivation of creativity and

entrepreneurship;

(o) to pursue any other objectives as may be suggested by the

Government;

(p) to ensure that the standard of the degrees, diplomas, certificates

and other academic distinctions conferred by a university are not lower

than those laid down by the All India Council for Technical Education or

the National Council for Teacher Education established under the National

Council for Teacher Education Act, 1993 or the University Grants

Commission constituted under the University Grants Commission Act, 1956

or the Pharmacy Council of India constituted under the Pharmacy Act,

1948 or the Bar Council of India constituted under the Advocates Act, 1961

or any other statutory body, as the case may be.

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5

Powers and

functions of

university.

5.

The university shall have the following powers and functions,

namely : —

(i) to make provisions and adopt all measures (including adoption

and updating of the curricula) in respect of study, teaching and research,

relating to the courses through traditional as well as new innovative

modes including on-line education mode ;

(ii) to institute and confer degrees, diplomas, certificates, awards,

grades, credits and academic distinctions;

(iii) to conduct and hold examinations;

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

corresponding to the degrees, diplomas, certificates of other recognized

universities, Boards or Councils ;

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

(vi) to set up central library, departmental libraries, museums and

allied matters;

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

(viii) to institute and award fellowships, scholarships, studentships

as may be specified ;

(ix) to take special measures for spreading educational facilities

among the educationally backward strata of the society;

(x) to encourage and promote sports and other extra-curricular

activities ;

(xi) to create technical, administrative and other necessary posts

and to make appointments thereto;

(xii) to undertake research projects on mutually acceptable terms

and conditions ;

(xiii) to provide consultancy services;

(xiv) to frame Statutes, Ordinances, Rules and Regulations for

carrying out the objects of the university in accordance with the

provisions of the Act ;

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

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

(xvi) to provide for dual degrees, diplomas or certificates vis-a-vis

other universities on reciprocal basis within and outside the country, as

per instructions of the State Government, Government of India and

University Grants Commission ;

(xvii) to make provisions for integrated courses in different

disciplines in the educational programmes of the university ;

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

campus and study centres, as per the instructions issued by the State

Government, Central Government and University Grants Commission,

from time to time ;

(xix) to receive donations, gifts and grants and to acquire, hold,

manage and dispose of any property, movable or immovable, including

trust or endowed property within or outside the State for the purposes

and objects of the university and to invest funds ;

6

¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`öú, VÉÉxÉä´ÉÉ®úÒ 5, 2023/{ÉÉè¹É 15, ¶ÉEäò 1944

University

open to all.

(xx) to prescribe the fee structure for various courses, from time to

time, as per the provisions of this Act;

(xxi) to demand and receive payments of such fees and other charges

as may be specified, from time to time ;

(xxii) to seek collaboration with other institutions on mutually

acceptable terms and conditions ;

(xxiii) to determine salaries, remunerations, honoraria to teachers

and employees of the university in accordance with the norms, specified

by the University Grants Commission and the other regulatory bodies;

(xxiv) to organize and to undertake extra-mural teaching and

extension services ;

(xxv) to establish and maintain halls and hostels ;

(xxvi) to recognize, supervise and control halls and hostels not

maintained by the university for the residence of the students and to

withdraw any such recognition ;

(xxvii) to regulate and enforce discipline among students and

employees of the university and to take such disciplinary measures as

may be deemed necessary ;

(xxviii) to make arrangements for promoting health and general

welfare of the students and the employees of the university ;

(xxix) to co-operate with any other university in and outside the

country, authority or any public or private body, having in view the

promotion of purposes and objects similar to those of the university for

such purposes as may be agreed upon, on such terms and conditions as

may, from time to time, be specified ;

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

research and other work, including text books, which may be issued by

the university ;

(xxxi) to comply and follow, from time to time, the provisions of the

University Grants Commission (Establishment of and Maintenance of

Standards in Private Universities) Regulations, 2003 or any other

regulations or directions issued by the University Grants Commission ;

(xxxii) to comply with and carry out directives issued by the State

Government, from time to time, with reference to above powers, duties

and responsibilities of the university ;

(xxxiii) to do all such things as may be necessary, incidental or

conducive to the attainment of all or any of the objects of the university.

6.

(1) No citizen of India shall be excluded from any office of the

university or from membership of any of its authorities, bodies or committees,

or from appointment to any post, or from admission to any degree, diploma,

certificate or other academic distinction or course of study on the ground

only of sex, race, creed, class, caste, place of birth, religious belief or

profession, or political or other opinion.

¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`öú, VÉÉxÉä´ÉÉ®úÒ 5, 2023/{ÉÉè¹É 15, ¶ÉEäò 1944

7

University to

be self-

financed.

Endowment

Fund.

General Fund.

Application of

General Fund.

(2) The university shall adopt the Government policy and orders issued,

from time to time, in regard to the reservation for Scheduled Castes,

Scheduled Tribes, De-notified Tribes (Vimukta Jatis), Nomadic Tribes, Other

Backward Classes, Special Backward Category and Economically Weaker

Sections (EWS) for the purpose of admission of students in the university

departments and institutions.

(3) The university shall adopt the general policy of the State Government

in regard to the welfare of various categories of weaker sections of the society

and minorities as directed by the State Government, from time to time.

7.

The university shall be self-financed and it shall not be entitled to

receive any grant or other financial assistance from the Government.

8.

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

to be called the “Endowment Fund for the university” which shall comprise

of at least ten crore rupees which may be increased suo motu but shall not be

decreased.

(2) The Endowment Fund shall be kept as security deposit to ensure

strict compliance of the provisions of this Act or rules, Regulations, Statutes

or Ordinances made thereunder.

(3) The Government shall have the powers to forfeit, in the prescribed

manner, a part or whole of the Endowment Fund in case the university or

the sponsoring body contravenes any of the provisions of this Act, rules,

Statutes, Ordinances or Regulations made thereunder.

(4) Income from Endowment Fund may be utilized for the development

of infrastructure of the university but shall not be utilized to meet out the

recurring expenditure of the university.

(5) The amount of Endowment Fund shall be kept invested, until the

dissolution of the university, by way of long term securities received or

guaranteed by the Government subject to the condition that the amount so

invested from the Fund shall not be withdrawn without the permission of

the Government.

(6) The certificates of the long term securities shall be kept in the safe

custody of the Government; and the Government shall have the right to encash

the deposit amount for the purposes mentioned in sub-section (3).

9.

The university shall also establish a fund, which shall be called the

General Fund to which the following shall be credited, namely :—

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

(ii) any contribution made by the sponsoring body ;

(iii) any income received from consultancy and other works

undertaken by the university ;

(iv) bequests, donations, endowments and any other grants ; and

(v) all other sums received by the university.

10.

The General Fund shall be utilized for meeting all expenses,

recurring or non-recurring in connection with the affairs of the university :

Provided that, no expenditure shall be incurred by the university in

excess of the limits for total recurring expenditure and total non-recurring

expenditure for the year, as may be fixed by the Board of Management, without

the prior approval of the Board of Management.

8

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Officers of

university.

President.

Removal of

President.

11.

The following shall be the officers of the university, namely :—

(i) the President who shall also be the Chancellor ;

(ii) the Vice-Chancellor ;

(iii) Deans of Faculties ;

(iv) the Registrar ;

(v) the Chief Finance and Accounts Officer ;

(vi) the Controller of Examinations ; and

(vii) such other persons in the service of the university as may be

declared by the Statutes to be the officers of the university.

12.

(1) The President shall be appointed by the sponsoring body for a

period of three years, with the approval of the Government in such manner,

as may be prescribed by the rules.

(2) The eligibility criteria for the post of the President shall be as may be

prescribed by the rules issued by the State Government.

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

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

and convocation of the university for conferring the degrees, diplomas or

other academic distinctions.

(5) The President shall have the following powers, namely :—

(a) to call for any information or record from any officer or authority

of the university, relating to the affairs of the university ;

(b) to appoint the Vice-Chancellor ;

(c) to remove the Vice-Chancellor in accordance with the provisions

of sub-section (7) of section 14 ;

(d) such other powers as may be specified by the Statutes.

13.

The President may be removed from his office by the sponsoring

body, if it is satisfied that the incumbent,—

(a) becomes insane and stands so declared by a competent court; or

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

or

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

competent court; or

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

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

(e) willfully omitted or refused to carry out the provisions of this Act or

has committed breach of any of the terms and conditions of the service contract

or any other conditions laid down by the Statutes, or has abused the powers

vested in him or if the continuance of the President in the office has become

detrimental to the interests of the university :

Provided that, the President shall be given a reasonable opportunity to

show cause by the sponsoring body before taking recourse to action under

clauses (d) and (e) for his removal from the said office.

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9

Vice-

Chancellor.

Deans of

Faculties.

14.

(1) The Vice-Chancellor shall be appointed by the President, 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 shall subject to

the provisions contained in sub-section (7), hold office for a term of three

years:

Provided that, after the expiry of the term of three years, the Vice-

Chancellor shall be eligible for re-appointment for another term of three

years:

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

even after the expiry of his term till the new Vice-Chancellor joins his duties,

however, in any case, this period shall not exceed one year.

(2) The Vice-Chancellor shall be the principal executive and academic

officer of the university and shall have the powers of superintendence and

control over the affairs of the university and shall execute the decisions of

various authorities of the university.

(3) The Vice-Chancellor shall preside over at the convocation of the

university in the absence of the President.

(4) If in the opinion of the Vice-Chancellor, it is necessary to take

immediate action on any matter for which powers are conferred on any other

authority by or under this Act, he may take such action as he deems necessary

and shall at the earliest opportunity thereafter, report his action to such

officer or authority as would have in the ordinary course dealt with the

matter :

Provided that, if in the opinion of the concerned officer or authority

such action should not have been taken by the Vice-Chancellor, then such

case shall be referred to the President, whose decision thereon shall be final.

(5) If, in the opinion of the Vice-Chancellor, any decision of any authority

of the university is outside the powers conferred by this Act or Statutes,

Ordinances, Regulations or rules made thereunder or is likely to be

prejudicial to the interests of the university, he shall request the concerned

authority to revise its decision within fifteen days from the date of decision

and in case the authority refuses to revise such decision wholly or partly or

fails to take any decision within fifteen days, then such matter shall be

referred to the President and his decision thereon shall be final.

(6) The Vice-Chancellor shall exercise such powers and perform such

duties as may be specified by the Statutes or the Ordinances.

(7) If at any time upon representation received or otherwise and after

making such inquiry as may be deemed necessary, the situation so warrants

and if continuance of the Vice-Chancellor is not in the interests of the

university, the President with approval of the Governing Body may, by an

order in writing stating the reasons therein, ask the Vice-Chancellor to

relinquish his office from such date as may be specified in the order :

Provided that, before taking an action under this sub-section, the Vice-

Chancellor shall be given an opportunity of being heard.

15. (1) The Deans of Faculties shall be appointed by the President in

such manner and on such terms and conditions of service as may be specified

by the Statutes.

(2) The Deans of Faculties shall assist the Vice-Chancellor in managing

the academic and other affairs of the university and shall exercise such powers

and perform such functions as may be prescribed by the Regulations or be

entrusted by the President and Vice-Chancellor.

¦ÉÉMÉ +É`ö------3---2

10

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Registrar.

Controller of

Examinations.

16.

(1) The Registrar shall be appointed by the President in such manner

and on such terms and conditions of service as may be specified by the Statutes.

(2) The Registrar shall be the Chief Administrative Officer of the

university. Subject to the decision of the authorities of the university, he

shall have the power to enter into agreement, contract, sign documents and

authenticate records on behalf of the university. He shall exercise such powers

and perform such duties as may be specified by the Statutes.

(3) The Registrar shall be the Member-Secretary of the Governing Body,

Board of Management and Academic Council, but shall not have the right to

vote.

(4) The Registrar shall be the custodian of the records, the common seal

and such other property of the university as the Governing Body may commit

to his charge.

(5) The Registrar shall exercise such other powers and perform such

other duties as may be prescribed by or under this Act, or, as may be conferred

on him by the Statutes or, may be assigned to him, by the Vice-Chancellor,

from time to time.

17.

(1) The Controller of Examinations shall be appointed by the

President in such manner and on such terms and conditions of service as

may be specified by the Statutes.

(2) The Controller of Examinations shall be the principal officer-in-charge

of the conduct of examinations and tests of the university and declarations of

their results. He shall discharge his functions under the superintendence,

directions and guidance of the Vice-Chancellor.

(3) The Controller of Examinations shall be a full-time salaried officer of

the university and shall work directly under the direction and control of the

Vice-Chancellor of the university. His appointment shall be for a term of

three years and he shall be eligible for re-appointment for a term not

exceeding three years. The qualifications and experience for the purpose of

selection of the Controller of Examinations shall be such as may be prescribed

by the Statutes.

(4) The Controller of Examinations shall be responsible for,—

(a) preparing and announcing in advance the calendar of

examinations;

(b) arrangement for printing of question papers;

(c) arrangement for the timely publication of result of examinations

and other tests;

(d) taking disciplinary action where necessary against the

candidates, paper-setters, examiners, moderators, or any other persons

connected with examinations and found guilty of malpractices in

relations to the examinations;

(e) reviewing from time to time, the results of the university

examinations and forward reports thereon to the Academic Council;

(f) the Controller of Examinations shall exercise such other powers

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

¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`öú, VÉÉxÉä´ÉÉ®úÒ 5, 2023/{ÉÉè¹É 15, ¶ÉEäò 1944

11

Chief Finance

and Accounts

Officer.

Other

officers.

Governing

Body.

Authorities of

university.

18.

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

finance, accounts and audit officer of the university.

(2) The Chief Finance and Accounts Officer shall be appointed by the

President in such manner and on such terms and conditions of service as

may be specified by the Statutes.

(3) The Chief Finance and Accounts Officer shall exercise such powers

and perform such duties, as may be specified by the Statutes.

19.

(1) The university may appoint such other officers as may be

necessary for its functioning.

(2) The manner of appointment of other officers of the university, the

terms and conditions of service of such officers and their powers and functions

shall be such as may be specified by the Statutes.

20.

The following shall be the authorities of the university, namely :—

(a) the Governing Body ;

(b) the Board of Management ;

(c) the Academic Council;

(d) the Board of Examinations ; and

(e) such other authorities as may be declared by the Statutes to be

the authorities of the university.

21.

(1) The Governing Body of the university shall consist of the

following members, namely :—

(a) the President ;

(b) the Vice-Chancellor ;

(c) five persons, nominated by the sponsoring body out of whom two

shall be eminent educationists ;

(d) one expert of management or information technology from outside

the university, nominated by the President ;

(e) two persons, nominated by the State Government ;

(f) two representatives of the industries to be nominated by the

President ; and

(g) the Registrar of the university shall be the permanent invitee to

the Governing Body but shall not have right to vote.

(2) The Governing Body shall be the supreme authority of the university.

(3) The Governing Body shall have the following powers, namely :—

(a) to provide general superintendence and directions and to control

functioning of the university by using all such powers as are provided by

this Act or the Statutes, Ordinances, Regulations or rules made

thereunder ;

(b) to review the decisions of other authorities of the university in

case they are not in conformity with the provisions of this Act or the

Statutes, Ordinances, Regulations or rules made thereunder ;

(c) to approve the budget and annual report of the university ;

(d) to lay down the policies to be followed by the university ;

¦ÉÉMÉ +É`ö------3---3

12

¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`öú, VÉÉxÉä´ÉÉ®úÒ 5, 2023/{ÉÉè¹É 15, ¶ÉEäò 1944

Board of

Management.

Academic

Council.

Board of

Examination.

(e) to recommend to the sponsoring body about the voluntary

liquidation of the university if a situation arises when smooth functioning

of the university does not remain possible, in spite of all efforts; and

(f) such other powers as may be prescribed by the Statutes.

(4) The Governing Body shall meet at least thrice in a calendar year.

(5) The quorum for meetings of the Governing Body shall be five.

22.

(1) The Board of Management shall consist of the following members,

namely :—

(a) the Vice-Chancellor;

(b) two members of the Governing Body, nominated by the

sponsoring body;

(c) two Deans of the university, by rotation, to be nominated by the

Vice Chancellor;

(d) three persons, who are not the members of the Governing Body,

nominated by the sponsoring body; and

(e) three persons from amongst the teachers, nominated by the

sponsoring body.

(2) The Vice-Chancellor shall be the Chairperson of the Board of

Management.

(3) The powers and functions of the Board of Management shall be such

as may be specified by the Statutes.

(4) The Board of Management shall meet at least once in every two

months.

(5) The quorum for meetings of the Board of Management shall be five.

23.

(1) The Academic Council shall consist of the Vice-Chancellor and

such other members as may be specified by the Statutes.

(2) The Vice-Chancellor shall be the ex-officio Chairperson of the

Academic Council.

(3) The Academic Council shall be the principal academic body of the

university and shall, subject to the provisions of this Act and the rules,

Statutes and Ordinances made thereunder, co-ordinate and exercise general

supervision over the academic policies of the university.

(4) The quorum for meetings of the Academic Council shall be such as

may be specified by the Statutes.

24.

(1) The Board of Examination shall be the principal authority of

the university for conducting the examinations and making policy decisions

in regard to organizing and holding examinations, improving the system of

examinations, appointing the paper–setters, examiners and moderators and

also prepare the schedule of dates for holding the examinations and

declaration of the results. The Board of Examination shall also oversee and

regulate the conduct of examinations in the study centers or any center related

to the university.

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

expression “schedule of examinations” means a table giving details about the

time, day and date of the commencement of each paper which is a part of a

scheme of examinations and shall also include the details about the practical

examinations.

¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`öú, VÉÉxÉä´ÉÉ®úÒ 5, 2023/{ÉÉè¹É 15, ¶ÉEäò 1944

13

Other

authorities.

Dis-

qualification.

Vacancies not

to invalidate

proceedings of

any authority

or body of

university.

Filling of

casual

vacancies.

Committees.

First

Statutes.

(2) The Board of Examination shall consist of the following members,

namely :-—

(a) the Vice-Chancellor – Chairperson ;

(b) Professor of each subject – Member ;

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

Examination – Member ;

(d) the Controller of Examinations – Member - Secretary.

(3) The powers and functions of the Board of Examination shall be such

as may be laid down by the Statutes.

25.

The constitution, powers and functions of other authorities of the

university shall be such as may be specified by the Statutes.

26.

A person shall be disqualified for being a member of any of the

authorities or bodies of the university, if he,—

(i) is of unsound mind and stands so declared by a competent

court; or

(ii) has been convicted of any offence involving moral turpitude; or

(iii) is conducting or engaging himself in private coaching

classes; or

(iv) has been punished for indulging in or promoting unfair practices

in the conduct of any examination, in any form, anywhere.

27.

No act or proceeding of any authority or body of the university

shall be invalid merely by reason of any vacancy or defect in the constitution

thereof.

28.

In case there occurs any casual vacancy in any authority or body of

the university, due to the death, resignation or removal of a member, the

same shall be filled, as early as possible, by the person or body who appoints

or nominates the member, whose place becomes vacant and person appointed

or nominated to a casual vacancy shall be a member of such authority or body

for the residue of the term of such member in whose place he has been so

appointed or nominated.

29.

(1) The authorities or officers of the university may constitute

committees with such terms of reference for specific tasks to be performed

by such committees as may be necessary.

(2) The constitution of such committees shall be such as may be specified

by the Statutes.

30.

(1) The first Statutes of the university shall be made by the

Governing Body and shall be submitted to the Government for its approval.

(2) Subject to the provisions of this Act, and the rules made thereunder,

the first Statutes of the university may provide for all or any of the following

matters, namely :—

(a) the constitution, powers and functions of the authorities and

other bodies of the university as may be constituted, from time to time;

14

¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`öú, VÉÉxÉä´ÉÉ®úÒ 5, 2023/{ÉÉè¹É 15, ¶ÉEäò 1944

Subsequent

Statutes.

(b) the terms and conditions of appointment of the Vice-Chancellor

and his powers and functions ;

(c) the manner of appointment and terms and conditions of service

of the Deans of Faculties, Registrar and Chief Finance and Accounts

Officer and their powers and functions ;

(d) the manner of appointment and terms and conditions of service

of the employees and their powers and functions ;

(e) the procedure for arbitration in case of disputes between the

employees, students and the university ;

(f) the conferment of honorary degrees ;

(g) the provisions regarding exemption of students from payment

of tuition fee and for awarding to them scholarships and fellowships ;

(h) provisions regarding the policy of admissions, number of seats

in different courses including regulation of reservation of seats ; and

(i) provisions regarding fees to be charged from the students.

(3) The Government shall consider the first Statutes, submitted by the

university and shall within four months from the date of its receipt give its

approval thereon with such modifications, if any, as it may deem necessary.

(4) The Government shall publish the first Statutes, as approved by it,

in the Official Gazette and thereafter, such Statutes shall come into force

from date of such publication.

31.

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

thereunder, the subsequent Statutes of the university may provide for all or

any of the following matters, namely :—

(a) creation of the new authorities of the university ;

(b) accounting policy and financial procedure ;

(c) representation of teachers in the authorities of the university;

(d) creation of new departments and abolition or restructuring of

existing department ;

(e) institution of medals and prizes ;

(f) creation of posts and procedure for abolition of posts;

(g) revision of fees;

(h) alteration of the number of seats in different syllabi ; and

(i) all other matters which under the provisions of this Act are to be

specified by the Statutes.

(2) The Statutes of the university other than the first Statutes shall be

made by the Board of Management with the approval of the Governing Body.

(3) The Board of Management may, from time to time, make new or

additional Statutes or may amend or repeal the Statutes so made in the

manner hereinafter provided in this section :

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

any amendment in the Statutes affecting the status, powers or constitution

of any existing authority of the university until such authority has been given

an opportunity of expressing an opinion on the proposal, and any opinion so

expressed shall be in writing and shall be considered by the Governing Body.

¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`öú, VÉÉxÉä´ÉÉ®úÒ 5, 2023/{ÉÉè¹É 15, ¶ÉEäò 1944

15

First

Ordinances.

Subsequent

Ordinances.

(4) Every such Statute or addition to the Statutes or any amendment or

repeal of the Statutes shall be subject to the approval of the Government :

Provided that, no Statutes shall be made by the Board of Management

affecting the discipline of students and standards of teaching, education and

examination except in consultation with the Academic Council.

32.

(1) The first Ordinances of the university shall be made by the

Governing Body and shall be submitted to the Government for its approval.

(2) Subject to the provisions of this Act or the rules or Statutes made

thereunder, the Board of Management may make such first Ordinances with

the approval of the Governing Body as it deems appropriate for the

furtherance of the objects of the university and such Ordinances may provide

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

(a) the admission of students to the university and their enrollment

as such;

(b) the courses of study to be laid down for the degrees, diplomas

and certificates of the university ;

(c) the award of the degrees, diplomas, certificates and other

academic distinctions, the minimum qualifications for the same and the

means to be taken relating to the granting and obtaining of the same;

(d) the conditions for awarding of fellowships, scholarships, stipends,

medals and prizes ;

(e) the conduct of examinations, including the terms of office and

manner of appointment and the duties of the examining bodies, examiners

and moderators ;

(f) fees to be charged for the various courses, examinations, degrees

and diplomas of the university ;

(g) the conditions of residence of the students in the hostels of the

university ;

(h) provisions regarding disciplinary action against the students ;

(i) the creation, composition and functions of any other body which

is considered necessary for improving the academic life of the university ;

(j) the manner of co-operation and collaboration with other

universities and institutions of higher education ; and

(k) all other matters which are required to be provided by the

Ordinances under the provisions of this Act or the Statutes made

thereunder.

(3) The Government shall consider the first Ordinances submitted by

the Vice-Chancellor under sub-section (1) and shall give its approval within

four months from the date of its receipt, with such modifications, if any, as it

may deem necessary.

33.

(1) All Ordinances other than the first Ordinances shall be made

by the Academic Council which after being approved by the Board of

Management shall be submitted to the Governing Body for its approval.

¦ÉÉMÉ +É`ö------3---4

16

¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`öú, VÉÉxÉä´ÉÉ®úÒ 5, 2023/{ÉÉè¹É 15, ¶ÉEäò 1944

Regulations.

Admissions.

Fees

Structure

Review

Committee.

(2) The Academic Council shall either modify the Ordinances

incorporating the suggestions of the Board of Management and the Governing

Body or give reasons for not incorporating the suggestions, and shall return

the Ordinances along with such reasons, if any, the Board of Management

and the Governing Body shall consider the suggestions of the Academic

Council and shall approve the Ordinances of the university with or without

such modification and then the Ordinances, as approved by the Governing

Body shall come into force.

34.

The authorities of the university may, subject to the prior approval

of the Board of Management, make Regulations, consistent with the

provisions of this Act and rules, Statutes and Ordinances made thereunder,

for the conduct of their own business and of the committees appointed by

them.

35.

(1) Admission in the university shall be made strictly on the basis

of merit.

(2) Merit for admission in the university may be determined either on

the basis of marks or grade obtained in the qualifying examination, for

admission and achievements in co-curricular and extra-curricular activities,

or on the basis of marks or grade obtained in the entrance test conducted at

State level, either by an association of the universities conducting similar

courses or by any agency of the State:

Provided that, the admission in professional and technical courses shall

be made only through the entrance test.

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

the Scheduled Castes, Scheduled Tribes, De-notified Tribes (Vimukta Jattis),

Nomadic Tribes, Other Backward Classes, Special Backward Category and

Economically Weaker Sections (EWS) and students with disability, shall be

reserved as per the policy of the State Government.

(4) Out of the total approved intake capacity, forty per cent. of the seats

shall be reserved for the students having domicile 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

Mah.

XXVIII

of 2015.

¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`öú, VÉÉxÉä´ÉÉ®úÒ 5, 2023/{ÉÉè¹É 15, ¶ÉEäò 1944

17

Declaration of

results.

Mah. VI

of 1988.

Prohibition of

capitation fee.

Schedule of

Examinations.

(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 organizations or public

trusts or any other association of persons, for opening of new educational

institutions or for creation of endowment fund for award of scholarship, prizes

or the like, but while collecting or accepting such donations the management

shall not reserve any seats in any educational institution run by it in

consideration of such donations. Where in consideration of accepting such

donations, any seat is reserved for admission to any student in such

institution, such acceptance of donation shall be deemed to be collection of

capitation fee, within the meaning of clause (a) of section 2 of the Maharashtra

Educational Institutions (Prohibition of Capitation Fee) Act, 1987.

38.

At the beginning of each academic session and in any case not later

than 30^th June of every calendar year, the university shall prepare and publish

a semester-wise or annual, as the case may be, Schedule of Examinations for

each and every course conducted by it and shall strictly adhere to such

Schedule:

Provided that, if for any reason whatsoever, university is unable to follow

this Schedule, it shall, as soon as practicable, submit a report to the

Government giving the detailed reasons for making a departure from the

published Schedule of Examinations. The Government may, thereon, issue

such directions as it may deem fit for better compliance in future.

39.

(1) The university shall strive to declare the results of every

examination conducted by it within thirty days from the last date of the

¦ÉÉMÉ +É`ö------3---4+

18

¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`öú, VÉÉxÉä´ÉÉ®úÒ 5, 2023/{ÉÉè¹É 15, ¶ÉEäò 1944

University to

follow rules,

regulations,

norms, etc. of

regulating

bodies.

Annual

report.

Annual

accounts and

audit.

examination for a particular course and shall in any case declare the results

latest within forty-five days from such date :

Provided that, if for any reason whatsoever, the university is unable to

finally declare the results of any examination within the period of forty-five

days, it shall submit a report incorporating the detailed reasons for such

delay to the Government. The Government may, thereon, issue such directions

as it may deem fit for better compliance in future.

(2) No examination or the results of an examination shall be held invalid

only for the reasons that the university has not followed the Schedule of

Examinations as stipulated in section 38 or that the university has failed to

declare the results within the period specified in sub-section (1).

40.

The convocation of the university shall be held in every academic

year in the manner as may be specified by the Statutes for conferring the

degrees, diplomas or for any other purposes.

41.

The university shall obtain accreditation from the National Council

of Assessment and Accreditation (NAAC), Bangalore, within three years of

its establishment and inform the Government and such other regulating

bodies which are connected with the courses taken up by the university about

the grade provided by the National Council of Assessment and Accreditation

(NAAC) to the university. The university shall get renewed such accreditation

at an interval of every five years thereafter.

42.

Notwithstanding anything contained in this Act, the university shall

be bound to comply with all the rules, regulations, norms, etc. of the regulating

bodies and provide all such facilities and assistance to such bodies as are

required by them to discharge their duties and carry out their functions.

43.

(1) The annual report of the university shall be prepared by the

Board of Management which shall include among other matters, the steps

taken by the university towards the fulfillment of its objects and shall be

approved by the Governing Body and copy of the same shall be submitted to

the sponsoring body.

(2) The copies of the annual report prepared under sub-section (1) shall

also be presented to the Government.

(3) The State Government shall cause such report to be laid before each

House of the State Legislature.

44.

(1) The annual accounts including balance sheet of the university

shall be prepared under the directions of the Board of Management and the

annual accounts shall be audited at least once in every year by the auditors

appointed by the university for this purpose.

(2) A copy of the annual accounts together with the audit report shall be

submitted to the Governing Body.

(3) A copy of the annual accounts and audit report along with the

observations of the Governing Body shall be submitted to the sponsoring

body.

Convocation.

Accreditation

of university.

¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`öú, VÉÉxÉä´ÉÉ®úÒ 5, 2023/{ÉÉè¹É 15, ¶ÉEäò 1944

19

Powers of

Government

to inspect

university.

Special

powers of

State

Government

in certain

circumstances.

(4) The copies of the annual accounts and balance sheet prepared under

sub-section (1) shall also be presented to the Government.

(5) The advice of the Government, if any, arising out of the accounts and

audit report of the university shall be placed before the Governing Body and

the Governing Body shall issue such directions, as it may deem fit and

compliance thereof shall be reported to the Government.

45.

(1) For the purposes of ascertaining the standards of teaching,

examination and research or any other matter relating to the university, the

Government may, after consultation with the Vice-Chancellor, cause an

assessment to be made in such manner as may be prescribed, by such person

or persons as it may deem fit.

(2) The Government shall communicate to the university its

recommendations in regard to the result of such assessment for corrective

action and the university shall take such corrective measures as are necessary

so as to ensure the compliance of the recommendations.

(3) If the university fails to comply with the recommendations made

under sub-section (2) within a reasonable time, the Government may give

such directions as it may deem fit which shall be binding on the university.

46.

(1) The sponsoring body may dissolve the university by giving a

notice to this effect to the Government, the employees and the students of

the university at least one year in advance :

Provided that, dissolution of the university shall have effect only after

the last batches of students of the regular courses have completed their courses

and they have been awarded the degrees, diplomas or awards, as the case

may be.

(2) On the dissolution of the university all the assets and liabilities of

the university shall vest in the sponsoring body :

Provided that, in case the sponsoring body dissolves the university

before fifteen years of its establishment, all the assets of the university shall

vest in the Government, free from all encumbrances.

47.

(1) If it appears to the Government that the university has

contravened any of the provisions of this Act or the rules, Statutes or

Ordinances made thereunder or has contravened any of the directions issued

by it under this Act or has ceased to carry out any of the undertakings given

under section 5, or a situation of financial mis-management or mal-

administration has arisen in the university, it shall issue a notice requiring

the university to show cause within forty-five days as to why an order of its

liquidation should not be made.

(2) If the Government, on receipt of reply of the university on the notice

issued under sub-section (1) is satisfied that there is, a prima facie, case of

contravention of all or any of the provisions of this Act or the rules, Statutes

or Ordinances made thereunder or of contravention of the directions issued

by it under this Act or of ceasing to carry out the undertaking given under

section 5 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.

20

¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`öú, VÉÉxÉä´ÉÉ®úÒ 5, 2023/{ÉÉè¹É 15, ¶ÉEäò 1944

Secretary

Level

Committee.

(3) The Government shall, for the purpose of any enquiry under sub-

section (2), appoint an inquiry officer or officers to inquire into any of the

allegations and to make report thereon.

(4) The inquiry officer or officers appointed under sub-section (3) shall

have the same powers as are vested in a civil court under the Code of Civil

Procedure, 1908 while trying a suit in respect of the following matters,

namely :—

(a) summoning and enforcing the attendance of any person and

examining him on oath ;

(b) requiring the discovery and production of any such document or

any other material as may be predicable in evidence ;

(c) requisitioning any public record from any court or office; and

(d) any other matter which may be prescribed.

(5) The inquiry officer or officers, inquiring under this Act, shall be

deemed to be a civil court for the purposes of section 195 and Chapter 26 of

the Code of Criminal Procedure, 1973.

(6) On receipt of the enquiry report from the officer or officers appointed

under sub-section (3) if the Government is satisfied that the university has

contravened all or any of the provisions of this Act or the rules, Statutes, or

Ordinances made thereunder or has violated any of the directions issued by

it under this Act or has ceased to carry out the undertakings given by it

under section 5, or a situation of financial mis-management and mal-

administration has arisen in the university which threatens the academic

standard of the university, it shall issue a preliminary order for the

liquidation of the university and appoint an administrator.

(7) The administrator appointed under sub-section (6) shall have all the

powers and be subject to all the duties of the Governing Body and the Board

of Management under this Act and shall administer the affairs of the university

until the last batch of the students of the regular courses have completed

their courses and they have been awarded the degrees, diplomas or awards,

as the case may be.

(8) After having awarded the degrees, diplomas or awards, as the case

may be, to the last batches of the students of the regular courses, the

administrator shall make a report to this effect to the Government.

(9) On receipt of the report under sub-section (8), the Government shall,

by notification in the Official Gazette, issue a final order dissolving the

university and from the date of publication of such notification, the university

shall stand dissolved and all the assets and liabilities of the university shall

vest in the sponsoring body from such date.

48.

(1) Immediately after the commencement of this Act, there shall be

established a Secretary Level Committee in order to verify and ensure

compliance of the requirements to the guidelines relating to the establishment

of the self-financed universities, framed by the State Government from time

to time; and of the undertakings submitted by the sponsoring body. The

committee shall consist of the Secretaries of the Higher and Technical

5 of

1908.

2 of

1974.

¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`öú, VÉÉxÉä´ÉÉ®úÒ 5, 2023/{ÉÉè¹É 15, ¶ÉEäò 1944

21

Inspection by

Secretary

Level

Committee.

Punishment.

Education Department, the Finance Department and the Planning

Department.

(2) The committee constituted under sub-section (1), shall submit its

report to the Government.

(3) On receipt of the report under sub-section (2), the State Government

shall, publish a notification in the Official Gazette, allowing the

operationalization of the university.

(4) The university shall, admit the students only after issuance of the

notification under sub-section (3).

49.

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

of section 48, may carry out an inspection of the university as and when

directed by the Government and verify and ensure compliance of the

requirements of the guidelines issued by the State Government or the Central

Government, from time to time, relating to the establishment of self-financed

universities and of the compliance of the provisions of the relevant laws for

the time being in force.

50.

The contravention of any of the provisions 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 with fine of

not less than rupees fifty thousand but 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

Offences by

Companies.

22

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(b) “Director” in relation to,—

(i) A firm means a parter 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 published in the Official

Gazette, make rules for carrying into effect the purposes of this Act.

(2) Without prejudice to the generality of the foregoing powers, such

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

(a) manner of appointment of the President under sub-section (1) of

section 12 ;

(b) eligibility criteria for the post of the President under sub-section

(2) of section 12 ;

(c) manner for causing an assessment for the purpose of ascertaining

the standards of teaching, examination and research of the university

under sub-section (1) of section 45 ;

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

section 47; and

(e) any other matter which is required to be, or may be, prescribed

by rules.

(3) Every rule made under this Act shall be laid, as soon as may be after

it is made, before each House of the State Legislature, while it is in session,

for a total period of thirty days which may be comprised in one session or in

two successive sessions, and if, before the expiry of the session in which it is

so laid or the sessions immediately following, both Houses agree in making

any modification in the rule or both Houses agree that the rule should not be

made, and notify such decision in the Official Gazette, the rule shall from the

date of publication of such notification have effect only in such modified form

or be of no effect, as the case may be ; so, however, that any such modification

or annulment shall be without prejudice to the validity of anything previously

done or omitted to be done thereunder.

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 as soon as may be after

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

Power to

remove

difficulties.

Power to

make rules.

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.