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1

An Act further to amend the Yashwantrao Chavan Maharashtra Open

University Act, 1989, the Kavi Kulaguru Kalidas Sanskrit Vishvavidyalaya

(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 Kavi Kulaguru Kalidas Sanskrit Vishvavidyalaya

(University) Act, 1997 and the Maharashtra Public Universities Act, 2016,

for the purposes hereinafter appearing ; and, therefore, promulgated the

Yashwantrao Chavan Maharashtra Open University, Kavi Kulaguru Kalidas

Sanskrit Vishvavidyalaya (University) and Maharashtra Public Universities

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

2022 ;

Mah. XX

of 1989.

Mah.

XXXIII

of 1997.

Mah. VI

of 2017.

Mah.

Ord.

XIII of

2022.

RNI No. MAHENG /2009/35528

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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 Yashwantrao Chavan Maharashtra Open University, Kavi Kulaguru Kalidas

Sanskrit Vishavidyalaya (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 “Maharashtra

Governments Gazette”, on the 11th January 2023).

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(1)

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2

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.

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

Open University, Kavi Kulaguru Kalidas Sanskrit Vishvavidyalaya

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

(2) 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.

2.

In section 10 of the Yashwantrao Chavan Maharashtra Open

University Act, 1989 (hereinafter, in this Chapter, referred to as “the Open

University Act”),—

(1) in sub-section (1),—

(a) in clause (a),—

(i) for the words “a Committee” the words “a search-cum-

selection committee” shall be substituted;

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

substituted, namely :—

“(i) 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 Padma Award in the field of education;”;

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

be inserted, namely:—

“(iv) a member to be nominated by the Chairman,

University Grants Commission;”;

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

namely :—

“(c) 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 the

University;”;

(c) in clause (d), the word “three” shall be deleted ;

(2) in sub-section (1D),—

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

namely :—

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

integrity, morals and institutional commitment ;

Short title

and

commencement.

Amendment

of section 10

of Mah. XX of

1989.

Mah. XX

of 1989.

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3

(a-1) 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;”;

(b) in clause (d), for the words “educational qualifications” the

words “additional educational qualifications” shall be substituted;

(3) after sub-section (1F), the following sub-section shall be inserted,

namely :—

“ (1G) 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 :—

“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.

4.

In section 12 of the Kavi Kulaguru Kalidas Sanskrit Vishvavidyalaya

(University) Act, 1997 (hereinafter, in this Chapter, referred to as “the Sanskrit

Vishvavidyalaya (University) Act”),—

(1) in sub-section (1),—

(a) in clause (a),—

(i) for the words “a Committee” the words “a search-cum-

selection committee” shall be substituted;

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

substituted, namely :—

“(i) a member nominated by the Kuladhipati, 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 Padma Award in the field of education;”;

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

inserted, namely :—

(iv) a member nominated by the Chairman, University

Grants Commission;”;

Mah.

XXXIII

of 1997.

Substitution

of section 10A

of Mah. XX of

1989.

Pro-Vice-

Chancellor.

Amendment

of section 12

of Mah.

XXXIII of

1997.

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4

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

namely :—

“(c) 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;”;

(c) in clause (d), the word “three” shall be deleted;

(2) in sub-section (3A),—

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

namely :—

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

integrity, morals and institutional commitment;

(a-1) 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;”;

(b) in clause (d), for the words “educational qualifications” the

words “additional educational qualifications” shall be substituted;

(3) in sub-section (4),—

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

inserted, namely :—

“Provided that, if a person selected by the Kuladhipati does

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

Kuladhipati 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:”;

(b) in the existing proviso, for the words “Provided, however,

that” the words “Provided further that,” shall be substituted.

5.

In section 13 of the Sanskrit Vishvavidyalaya (University) Act, for

sub-section (1), the following sub-section shall be substituted, namely :—

“ (1) It shall be the prerogative of the Kulaguru to recommend a

person to be the Sama-Kulaguru to the Vyavasthapana Parishad. The

Vyavasthapana Parishad shall, on the recommendation of Kulaguru,

appoint a Sama-Kulaguru for the university.”.

Amendment

of section 13

of Mah.

XXXIII of

1997.

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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”),—

(1) in sub-section (3),—

(a) in clause (a),—

(i) for the words “a committee” the words “a search-cum-

selection committee” shall be substituted;

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

substituted, namely :—

“(i) 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 Padma Award in the field of education;”;

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

inserted, namely :—

“(iv) a member nominated by the Chairman, University

Grants Commission;”;

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

namely :—

“(c) 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;”;

(c) in clause (d), the word “three” shall be deleted;

(d) in clause (f),—

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

substituted, namely :—

“(i) be a person possessing highest level of competence,

integrity, morals and institutional commitment ;

(i-a) 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 ;”;

(ii) in sub-clause (iv), for the words “educational

qualifications” the words “additional educational qualifications”

shall be substituted;

(2) in sub-section (4),—

(a) 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:”;

Amendment

of section 11

of Mah. VI of

2017.

Mah. VI

of 2017.

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6

(b) 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 (6), the

following sub-section shall be substituted, namely :—

“(6) 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,—

(1) in sub-section (3), after clause (g), for the second proviso, the

following proviso shall be substituted, namely :—

“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 (a), (c) and (d) of sub-section (3) 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)

(a)

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.

(c)

on or before 30th of November of the

on or before

year in which such application is

28th February 2023

received by the university.

(d)

on or before 31st January of the

on or before

immediately following year after

1st April 2023.”;

the recommendations of the

university.

(2) in sub-section (4), after clause (d), 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 (a) of sub-section (4) 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 :—

Amendment

of section 13

of Mah. VI of

2017.

Amendment

of section 109

of Mah. VI of

2017.

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TABLE

Clause

Day or date provided

Day or date provided

in existing provision

for Academic Year

2023-24

(1)

(2)

(3)

(a)

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.

(1) The Yashwantrao Chavan Maharashtra Open University, Kavi

Kulaguru Kalidas Sanskrit Vishvavidyalaya (University) and Maharashtra

Public Universities (Amendment) Ordinance, 2022, is hereby repealed.

(2) 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 Kavi Kulaguru Kalidas Sanskrit Vishvavidyalaya (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.

Repeal of

Mah. Ord.

XIII of 2022

and saving.

Mah.

Ord.

XIII of

2022.

Mah.

XX of

1989.

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.