Part VIII Ext. 14 (28-2-2023),L. A. BILL No. III OF 2023.,Dr. Babasaheb Ambedkar Technological University Act, 2014.

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महाराष्ट्र शासन राजपत्र

असाधारण भाग आठ

वर्ष ९, अंक ९] मंगळवार, फेब्रुवारी २८, २०२३/फाल्गुन ९, शके १९४४ [पृष्ठे ४, किंमत : रुपये २७.००

असाधारण क्रमांक १४

प्राधिकृत प्रकाशन

द्धन्रु]क्ष् ह्यम्द्धहभ् +ह्यह्यद्ध म् न्ह्र ह्य ॅ + म् ॅ ह्यम्ह्यद्ध +ह्य

ह्यम्ह्य म् ह्यम्ॅ +्र ह्यम्ॅ (ह्र +ाम्).

In pursuance of clause (3) of article 348 of the Constitution of India, the following translation in English of the Dr. Babasaheb Ambedkar Technological University and Maharashtra COEP Technological University (Amendment) Bill, 2023 (L. A. Bill No. III of 2023), introduced in the Maharashtra Legislative Assembly on the 28th February 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.

————————

L. A. BILL No. III OF 2023.

A BILL

to amend the Dr. Babasaheb Ambedkar Technological University Act, 2014

and the Maharashtra COEP Technological University Act, 2022.

WHEREAS, it is expedient to amend the Dr. Babasaheb Ambedkar Technological University Act, 2014 and the Maharashtra COEP Technological University Act, 2022, for the purposes hereinafter apppearing ; it is hereby enacted in the Seventy-fourth Year of the Republic of India, as follows :—

Mah. XXIX of 2014. Mah. XXXV of 2022.

CHAPTER I

PRELIMINARY.

Short title .

1. This Act may be called the Dr. Babasaheb Ambedkar Technological University and Maharashtra COEP Technological University (Amendment) Act, 2023.

भाग आठ--१४---१

(१)२ महाराष्ट्र शासन राजपत्र असाधारण भाग आठ, फेब्रुवारी २८, २०२३/फाल्गुन ९, शके १९४४ CHAPTER II AMENDMENTS TO THE DR. BABASAHEB AMBEDKAR TECHNOLOGICAL UNIVERSITY ACT, 2014.

2. In section 13 of the Dr. Babasaheb Ambedkar Technological University Act, 2014,—

Mah. XXIX of 2014.

(1) in sub-section (1),—

Amendment of section 13 of Mah. XXIX of 2014.

(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 (4),––

(a) for clause (b), the following clause shall be substituted, namely :—

" (b) be a person possessing highest level of  competence, integrity, morals and institutional  commitment; and should 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 (e), for the words " educational  qualifications " the words " additional educational qualifications " shall be substituted ;

(3) after sub-section (6), the following sub-section shall be inserted, namely :—

AMENDMENTS TO THE MAHARASHTRA COEP TECHNOLOGICAL UNIVERSITY ACT, 2022.

4. In section 11 of the Maharashtra COEP Technological  University Act, 2022,—

Mah. XXXV of 2022.

(1) in sub-section (3),—

Amendment of section 11 of Mah. XXXV of 2022.

(a) in clause (a),—

(i) 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 ;";

(ii) after sub-clause (iii), the following sub-clause  shall be inserted, namely :—

" (iv) a member nominated by the Chairman, University Grants Commission.";

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

(c) for clause (d), the following clause shall be substituted, namely :—

" (d) 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 ; ";

(d) in clause (f),—

(i) before sub-clause (i), the following sub-clause shall be inserted, namely :—

" (i-1) be a person possessing highest level of  competence, integrity, morals and institutional  commitment ;";

(ii) in sub-clause (iv),—

(I)  for the words " educational qualifications " the words " additional educational qualifications " shall be substituted ;

(II) in the proviso, 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 :—

(b) in the existing proviso, for the words " Provided that " the words " Provided further that " shall be substituted.

STATEMENT OF OBJECTS AND REASONS.

Section 13 of the Dr. Babasaheb Ambedkar Technological University Act, 2014 (Mah. XXIX of 2014) and section 11 of the Maharashtra COEP Technological University Act, 2022 (Mah. XXXV of 2022) provides for eligibility criteria and constitution of Selection Committee for appointment of the Vice-Chancellor.

2. The provisions of the eligibility criteria and constitution of Selection Committee for appointment of Vice-Chancellor have been modified by the University Grants Commission vide the University Grants Commission (Minimum Qualifications for Appointment of Teachers and other Academic Staff in Universities and Colleges and other Measures for the Maintenance of  Standards in Higher Education) Regulations, 2018 framed under the University Grants Commission Act, 1956 (3 of 1956).

3. The Supreme Court has recently in the cases of Gambhirdan K Gadhvi Vs. State of Gujarat and Ors. (Writ Petition (Civil) No. 1525 of 2019) and Professor (Dr.) Sreejith P.S. v/s Dr. Rajasree M.S. and ors. (Civil Appeal Nos. 7634-7635 of 2022), has held that the eligibility criteria and appointment of Vice-Chancellor shall be always as per the relevant UGC Regulations and the State Act if not on a par with the UGC Regulations, must be amended to bring it on a par with the applicable UGC Regulations and until then it is the applicable UGC Regulations that shall prevail.

4. In view of above, the existing provisions regarding appointments of Vice-Chancellor contained in the Dr. Babasaheb Ambedkar Technological University Act, 2014 and the Maharashtra COEP Technological University Act, 2022, needs to be amended suitably so as to make them in consonance with the UGC Regulations.

5.  The Bill seeks to achieve the above objectives.

CHANDRAKANT (DADA) PATIL, Mumbai, Minister for Higher and Dated the 26th February 2023. Technical Education.

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.