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1

MAHARASHTRA ACT No. IV OF 2023.

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

“ Maharashtra Government Gazette ”, on the 6th January 2023).

An Act to provide for establishment, incorporation and regulation

of the JSPM University, Pune, for the development and

advancement of higher education in the State of Maharashtra and

for matters connected therewith or incidental thereto.

WHEREAS it is expedient to provide for

the establishment,

incorporation and regulation of the JSPM University, Pune, 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 JSPM University, Pune Act,

2022. 

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

may by notification in the Official Gazette, appoint. 

Short

title

and

comm-

encement.

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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 JSPM University, Pune Act, 2022 (Mah. Act No. IV 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------4---1

(1)

2

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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; 

Definitions.

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3

(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 Jayawant Shikshan Prasarak Mandal,

Pune registered as a society under the Societies Registration Act,

1860 and a Public Trust registered under the Maharashtra Public

Trusts Act having its registered office at Shop No. 80, Pune-Mumbai

Bypass Highway, Tathawade, Pune; 

(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 JSPM University, Pune. 

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

JSPM University, Pune. 

(2) The President, the Vice-Chancellor, the Governing Body, the

Board of Management, the Academic Council and all other persons

who may hereafter become such officers or members so long as they

continue to hold such office or membership, are hereby constituted

and declared to be a body corporate by the name of “the JSPM University,

Pune”. 

(3) The university shall have perpetual succession and a common

seal and shall sue and be sued by the said name. 

(4) The university shall function as a non-affiliating university

established under this Act and it shall not affiliate any other college

or institute for the award 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 JSPM University, Pune, Gut No. 719/1 and 719/2, Wagholi, Taluka

Haveli, District Pune, Maharashtra 412 207. 

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; 

21 of

1860.

XXIX of

1950.

Incorporation.

Objects of

university.

¦ÉÉMÉ +É`ö------4---1+

4

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(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. 

73 of

1993.

3 of

1956.

8 of

1948.

25 of

1961.

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5

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; 

Powers

and

functions

of

university.

6

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(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. 

University

open to all.

¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`öú, VÉÉxÉä´ÉÉ®úÒ 6, 2023/{ÉÉè¹É 16, ¶ÉEäò 1944

7

(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. 

University to

be self-

financed.

Endowment

Fund.

General Fund.

Application of

General Fund.

8

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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. 

Officers of

university.

President.

Removal of

President.

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9

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. 

Vice-

Chancellor.

Deans of

faculties.

¦ÉÉMÉ +É`ö------4---2

10

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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. 

Registrar.

Controller of

Examinations.

¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`öú, VÉÉxÉä´ÉÉ®úÒ 6, 2023/{ÉÉè¹É 16, ¶ÉEäò 1944

11

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; 

Chief Finance

and Accounts

Officer.

Other officers.

Authorities of

University.

Governing

Body.

¦ÉÉMÉ +É`ö------4---3

12

¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`öú, VÉÉxÉä´ÉÉ®úÒ 6, 2023/{ÉÉè¹É 16, ¶ÉEäò 1944

(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. 

Board of 

Management.

Academic

Council.

Board of 

Examination.

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13

(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; 

Other

authorities. 

Dis-

qualification.

Vacancies not

to invalidate

proceedings of

any authority

or

body

of

university. 

Filling

casual

vacancies.

First

Statutes.

Committees.

14

¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`öú, VÉÉxÉä´ÉÉ®úÒ 6, 2023/{ÉÉè¹É 16, ¶ÉEäò 1944

(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. 

Subsequent

Statues.

¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`öú, VÉÉxÉä´ÉÉ®úÒ 6, 2023/{ÉÉè¹É 16, ¶ÉEäò 1944

15

(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. 

First

Ordinances. 

Subsequent

Ordinances. 

¦ÉÉMÉ +É`ö------4---4

16

¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`öú, VÉÉxÉä´ÉÉ®úÒ 6, 2023/{ÉÉè¹É 16, ¶ÉEäò 1944

(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

Regulations.

Admissions. 

Fees

Structure

Review

Committee.

Mah.

XXVIII

of 2015.

¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`öú, VÉÉxÉä´ÉÉ®úÒ 6, 2023/{ÉÉè¹É 16, ¶ÉEäò 1944

17

(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 or for creation of endowment fund for award

of scholarship, prizes or the like, but while collecting or accepting such

donations the management shall not reserve any seats in any educational

institution run by it in consideration of such donations. Where in

consideration of accepting such donations, any seat is reserved for

admission to any student in such institution, such acceptance of

donation shall be deemed to be collection of capitation fee, within the

meaning of clause (a) of section 2 of the Maharashtra Educational

Institutions (Prohibition of Capitation Fee) Act, 1987. 

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

later than 30th June of every calendar year, the university shall

prepare and publish a semester-wise or annual, as the case may be,

Schedule of Examinations for each and every course conducted by it

and shall strictly adhere to such Schedule: 

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

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

to the Government giving the detailed reasons for making a departure

from the published Schedule of Examinations. The Government may,

thereon, issue such directions as it may deem fit for better compliance

in future. 

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

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

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

the results latest within forty-five days from such date :

Prohibition of

capitation fee.

Mah. VI

of 1988.

Schedule of

Examination

Schedule of

Examinations.

Declaration of

results.

¦ÉÉMÉ +É`ö------4---4+

18

¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`öú, VÉÉxÉä´ÉÉ®úÒ 6, 2023/{ÉÉè¹É 16, ¶ÉEäò 1944

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. 

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

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

Convocation.

Accreditation

of university.

University to

follow rules,

regulations,

norms, etc. of

regulating

bodies.

Annual

report.

Annual

accounts and

audit.

¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`öú, VÉÉxÉä´ÉÉ®úÒ 6, 2023/{ÉÉè¹É 16, ¶ÉEäò 1944

19

(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 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. 

(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.

Powers of

Government

to inspect

university.

Dissolution of

university by

sponsoring

body.

Special

powers of

State

Government

in certain

circumstances.

20

¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`öú, VÉÉxÉä´ÉÉ®úÒ 6, 2023/{ÉÉè¹É 16, ¶ÉEäò 1944

(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 Education Department, the

Finance Department and the Planning Department. 

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

its report to the Government. 

Secretary

Level

Committee.

5 of

1908.

2 of

1974.

¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`öú, VÉÉxÉä´ÉÉ®úÒ 6, 2023/{ÉÉè¹É 16, ¶ÉEäò 1944

21

(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  

(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,

Inspection by

Secretary

Level

Committee.

Punishment.

Offences by

Companies.

22

¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`öú, VÉÉxÉä´ÉÉ®úÒ 6, 2023/{ÉÉè¹É 16, ¶ÉEäò 1944

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

make rules.

Power to

remove

difficulties.

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.