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Maharashtra Gazette · Government of Maharashtra

Part VIII Extra No. 6 (11-01-2023) Maharashtra Act No. VI of 2023

Published 11 January 2023

Type
Extra - Ordinary
Part
Part 8 (English)
Division
CENTRAL SECTION
Identifier
in.gazette.maharashtra.2023-01-11.Extra-Ordinary_CENTRAL-SECTION_Part-8-English-
Languages
English, Marathi

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महाराष्ट्र शासन राजपत्र असाधारण भाग आठ, जानेवारी ११, २०२३/पौष २१, शके १९४४ १

RNI No. MAHENG /2009/35528

महाराष्ट्र शासन राजपत्र

असाधारण भाग आठ

वर्ष ९, अंक ४] बुधवार, जानेवारी ११, २०२३/पौष २१ शके १९४४ [पृष्ठे ७, किंमत : रुपये २७.००

असाधारण क्रमांक ६

प्राधिकृत प्रकाशन

महाराष्ट्र विधानमंडळाचे अधिनियम व राज्यपालांनी प्रख्यापित केलेले अध्यादेश व केलेले विनियम आणि विधि व

न्याय विभागाकडून आलेली विधेयके (इंग्रजी अनुवाद).

In pursuance of clause (३) of article 348 of the Constitution of India, the following translation in English of the Yashwantrao Chavan Maharashtra Open University, (University) and Maharashtra Public Universities (Amendment) Act, 2022 (Mah. Act No. VI 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.

MAHARASHTRA ACT No. VI OF 2023.

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

", on the 11th January 2023).

An Act further to amend the Yashwantrao Chavan Maharashtra Open University Act, 1989, the (University) Act, 1997 and the Maharashtra Public Universities Act, 2016.

WHEREAS both Houses of the State Legislature were not in session;

AND WHEREAS the Governor of Maharashtra was satisfied that circumstances existed which rendered it necessary for him to take immediate action further to amend the Yashwantrao Chavan Maharashtra Open

University Act, 1989, the

(University) Act, 1997 and the Maharashtra Public Universities Act, 2016, for the purposes hereinafter appearing ; and, therefore, promulgated the

Mah. XX of 1989. Mah. XXXIII of 1997. Mah. VI of 2017.

Yashwantrao Chavan Maharashtra Open University, (University) and Maharashtra Public Universities

(Amendment) Ordinance, 2022 (Mah. Ord. XIII of 2022), on the 24th November

Mah. Ord. XIII of 2022.

2022 ;

(१)

भाग आठ-६--१ महाराष्ट्र शासन राजपत्र असाधारण भाग आठ, जानेवारी ११, २०२३/पौष २१, शके १९४४

२

AND WHEREAS, it is expedient to replace the said Ordinance by an

Act of the State Legislature ; it is hereby enacted in the Seventy-third Year of the Republic of India as follows :—

CHAPTER I

PRELIMINARY.

1. (१) This Act may be called the Yashwantrao Chavan Maharashtra

Short title and commencement.

Open University, (University) and Maharashtra Public Universities (Amendment) Act, 2022.

(२) It shall be deemed to have come into force on the 24th November

2022.

CHAPTER II

AMENDMENTS TO THE YASHWANTRAO CHAVAN MAHARASHTRA OPEN UNIVERSITY ACT, 1989.

Mah. XX of 1989.

2. In section 10 of the Yashwantrao Chavan Maharashtra Open University Act, 1989 (hereinafter, in this Chapter, referred to as "the Open

University Act"),—

Amendment of section 10 of Mah. XX of 1989.

(१) in sub-section (१),—

() in clause (),—

() for the words "a Committee" the words "a search--

selection committee" shall be substituted;

() for sub-clause (), the following sub-clause shall be

substituted, namely :—

"() a member nominated by the Chancellor, who shall

be a person of eminence in the sphere of higher education and shall be either an eminent scholar of national repute

or a recipient of Award in the field of education;";

() after sub-clause (), the following sub-clause shall

be inserted, namely:—

"() a member to be nominated by the Chairman,

University Grants Commission;";

() for clause (), the following clause shall be substituted, namely :— "() The members nominated on the committee shall be

persons who are not connected in any manner with the University or any college or any recognized institution of theUniversity;"; () in clause (), the word "three" shall be deleted ; (२) in sub-section (१),— () for clause (), the following clauses shall be substituted, namely :— "() be a person possessing highest level of competence, integrity, morals and institutional commitment ;

महाराष्ट्र शासन राजपत्र असाधारण भाग आठ, जानेवारी ११, २०२३/पौष २१, शके १९४४ ३

(-१) be a distinguished academician, with a minimum of ten years of experience as a Professor in any university or ten years of experience in a reputed research or academic administrative organisation with proof of having demonstrated academic leadership;";

() in clause (), for the words "educational qualifications" the words "additional educational qualifications" shall be substituted;

(३) after sub-section (१), the following sub-section shall be inserted,

namely :—

" (१) If a person selected by the Chancellor does not take over the charge of the post of Vice- Chancellor, the Chancellor may select another suitable person from the remaining persons from the panel or he may call for a fresh panel either from the same committee or after constitution of a new committee for the purpose, from such new committee.".

3. For section 10A of the Open University Act, the following section

shall be substituted, namely :—

Substitution of section 10A of Mah. XX of 1989.

Pro-Vice- Chancellor.

"10A. It shall be the prerogative of the Vice-Chancellor to recommend a person to be the Pro-Vice-Chancellor to the Board of Management. The Board of Management shall, on the recommendation of the Vice-Chancellor, appoint a Pro-Vice-Chancellor for the University. The Pro-Vice-Chancellor shall be appointed for such terms and on such emoluments and other conditions of services and shall exercise such powers and perform such functions, as may be prescribed by the Statutes.".

CHAPTER III

AMENDMENTS TO THE KAVI KULAGURU KALIDAS SANSKRIT VISHVAVIDYALAYA (UNIVERSITY) ACT, 1997.

Mah. XXXIII of 1997.

4. In section 12 of the (University) Act, 1997 (hereinafter, in this Chapter, referred to as "the (University) Act"),—

Amendment of section 12 of Mah. XXXIII of 1997.

(१) in sub-section (१),—

() in clause (),—

() for the words "a Committee" the words "a search--

selection committee" shall be substituted;

() for sub-clause (), the following sub-clause shall be

substituted, namely :—

"() a member nominated by the , who shall be a person of eminence in the sphere of higher education and shall be either an eminent scholar of national repute or a recipient of Award in the field of education;"; () after sub-clause (), the following sub-clause shall be inserted, namely :— () a member nominated by the Chairman, University

Grants Commission;";

भाग आठ-६--१अ महाराष्ट्र शासन राजपत्र असाधारण भाग आठ, जानेवारी ११, २०२३/पौष २१, शके १९४४

४

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

namely :—

"() The members nominated on the committee shall be

persons who are not connected in any manner with the

university or any college or any recognised institution of the

university;;

() in clause (), the word "three" shall be deleted;

(२) in sub-section (३),—

() for clause (), the following clauses shall be substituted,

namely :—

"() be a person possessing highest level of competence,

integrity, morals and institutional commitment;

(-१) be a distinguished academician, with a minimum of

ten years of experience as a Professor in any University or ten

years of experience in a reputed research or academic

administrative organisation with proof of having demonstrated

academic leadership;";

() in clause (), for the words "educational qualifications" the

words "additional educational qualifications" shall be substituted;

(३) in sub-section (४),—

() before the existing proviso, the following proviso shall be

inserted, namely :—

"Provided that, if a person selected by the does

not take over the charge of the post of the , the

may select another suitable person from the

remaining persons from the panel or he may call for a fresh

panel either from the same committee or after constitution of a

new committee for the purpose, from such new committee:";

() in the existing proviso, for the words "Provided, however,

that" the words "Provided further that," shall be substituted.

5. In section 13 of the (University) Act, for sub-section (१), the following sub-section shall be substituted, namely :— Amendment of section 13 of Mah. XXXIII of 1997.

च् (१) It shall be the prerogative of the to recommend a

person to be the - to the . The

shall, on the recommendation of ,

appoint a - for the university.".

महाराष्ट्र शासन राजपत्र असाधारण भाग आठ, जानेवारी ११, २०२३/पौष २१, शके १९४४ ५

CHAPTER IV

AMENDMENTS TO THE MAHARASHTRA PUBLIC UNIVERSITIES ACT, 2016.

6. In section 11 of the Maharashtra Public Universities Act, 2016 (hereinafter, in this Chapter, referred to as " the Public Universities Act"),—

Mah. VI of 2017.

Amendment of section 11 of Mah. VI of 2017.

(१) in sub-section (३),—

() in clause (),—

() for the words "a committee" the words "a search--

selection committee" shall be substituted;

() for sub-clause (), the following sub-clause shall be

substituted, namely :—

"() a member nominated by the Chancellor, who shall be a person of eminence in the sphere of higher education and shall be either an eminent scholar of national repute or a recipient of Award in the field of education;";

() after sub-clause (), the following sub-clause shall be

inserted, namely :—

"() a member nominated by the Chairman, University

Grants Commission;";

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

namely :—

"() The members nominated on the committee shall be persons who are not connected in any manner with the university concerned or any college or any recognized institution of that university;";

() in clause (), the word "three" shall be deleted;

() in clause (),झ्

() for sub-clause (), the following sub-clauses shall be

substituted, namely :—

"() be a person possessing highest level of competence,

integrity, morals and institutional commitment ;

(-) be a distinguished academician, with a minimum of ten years of experience as a Professor in any University or ten years of experience in a reputed research or academic administrative organisation with proof of having demonstrated academic leadership ;";

() in sub-clause (), for the words "educational qualifications" the words "additional educational qualifications" shall be substituted;

(२) in sub-section (४),झ् () before the existing proviso, the following proviso shall be inserted, namely :—

" Provided that, if a person selected by the Chancellor does not take over the charge of the post of the Vice-Chancellor, the Chancellor may select another suitable person from the remaining persons from the panel or he may call for a fresh panel either from the same committee or after constitution of a new committee for the purpose, from such new committee:";

महाराष्ट्र शासन राजपत्र असाधारण भाग आठ, जानेवारी ११, २०२३/पौष २१, शके १९४४

६

() in the existing proviso, for the words "Provided that," the

words "Provided further that," shall be substituted.

7. In section 13 of the Public Universities Act, for sub-section (६), the

following sub-section shall be substituted, namely :—

Amendment of section 13 of Mah. VI of 2017.

"(६) It shall be the prerogative of the Vice-Chancellor to recommend a person to be the Pro-Vice-Chancellor to the Management Council. The Management Council shall, on the recommendation of the Vice- Chancellor, appoint a Pro-Vice-Chancellor for the university.".

8. In section 109 of the Public Universities Act,—

(१) in sub-section (३), after clause (), for the second proviso, the

following proviso shall be substituted, namely :—

Amendment of section 109 of Mah. VI of 2017.

"Provided further that, with a view to extend the dates of making application for seeking Letter of Intent for opening new college or institution of higher learning, scrutiny of application by the Board of Deans and forwarding the same to the State Government and grant of Letter of Intent by the State Government, for the academic year 2023-2024, the day or dates referred to in clauses (), () and () of sub-section (३) as specified in column (2) of the Table given below, shall be read as day or dates as provided in column (3) of the said Table :—

TABLE

Clauses Day or dates provided Day or dates provided

in existing provision for Academic Year

2023-24

(1)

(2)

(3)

() before the last day of September on or before

of the year preceding the year in 15th January 2023 which the Letter of Intent is sought.

() on or before 30th of November of the on or before

year in which such application is 28th February 2023 received by the university.

() on or before 31st January of the on or before

immediately following year after 1st April 2023."; the recommendations of the university.

(२) in sub-section (४), after clause (), for the second proviso, the following

proviso shall be substituted, namely :—

"Provided further that, with a view to extend the date of making application for seeking permission to start a new course of study, subjects, faculties, additional divisions or satellite centers for the academic year 2023-24, the day or date referred to in clause () of sub-section (४) as specified in column (2) of the Table given below, shall be read as day or date as provided in column (3) of the said Table :—

महाराष्ट्र शासन राजपत्र असाधारण भाग आठ, जानेवारी ११, २०२३/पौष २१, शके १९४४ ७

TABLE

Clause Day or date provided Day or date provided

in existing provision for Academic Year

2023-24

(1)

(2)

(3)

() before the last day of September of on or before

the year preceding the year in which 15th January 2023.". the permission is sought.

CHAPTER V

MISCELLANEOUS.

9. (१) The Yashwantrao Chavan Maharashtra Open University, (University) and Maharashtra Public Universities (Amendment) Ordinance, 2022, is hereby repealed.

Mah. Ord. XIII of 2022.

Repeal of Mah. Ord. XIII of 2022 and saving.

Mah. XX of 1989.

(२) Notwithstanding such repeal, anything done or any action taken (including any notification or order issued) under the corresponding provisions of the Yashwantrao Chavan Maharashtra Open University Act, 1989, the (University) Act, 1997 and the Maharashtra Public Universities Act, 2016, as amended by the said Ordinance, shall be deemed to have been done, taken or, as the case may be, issued under the corresponding provisions of the said Acts, as amended by this Act.

Mah. XXXIII of 1997.

Mah. VI of 2017.

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.

Cite this issue. Maharashtra Gazette, Government of Maharashtra, 11 January 2023. Indian Gazettes, https://egazette.servantsofknowledge.in/details/in.gazette.maharashtra.2023-01-11.Extra-Ordinary_CENTRAL-SECTION_Part-8-English-/. Archive identifier in.gazette.maharashtra.2023-01-11.Extra-Ordinary_CENTRAL-SECTION_Part-8-English-.