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1

L. A. BILL No. XIV OF 2023.

A BILL

to amend the Maharashtra Unaided Private Professional

Educational Institutions (Regulation of Admissions and

Fees) Act, 2015.

WHEREAS it is expedient to amend the Maharashtra Unaided Private

Professional Educational Institutions (Regulation of Admissions and Fees)

Act, 2015, for the purposes hereinafter appearing; it is hereby enacted in

the Seventy-fourth Year of the Republic of India, as follows:-

1. This Act may be called the Maharashtra Unaided Private

Professional Educational Institutions (Regulation of Admissions and Fees)

(Amendment) Act, 2023.

Short title.

Mah.

XXVIII

of 2015.

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

the following translation in English of the Maharashtra Unaided Private

Professional Educational Institutions (Regulation of Admissions and Fees)

(Amendment) Bill, 2023 (L. A. Bill No. XIV of 2023), introduced in the

Maharashtra Legislative Assembly on the 21st March 2023, is hereby

published under the authority of the Governor.

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

SATISH WAGHOLE,

Secretary (Legislation) to Government,

Law and Judiciary Department.

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RNI No. MAHENG /2009/35528

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(1)

2

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2. In section 11 of the Maharashtra Unaided Private Professional

Educational Institutions (Regulation of Admissions and Fees) Act, 2015,-

(1) in sub-section (3),-

(a) for clauses (c) and (d), the following clauses shall be substituted,

namely :-

“(c) two Chartered Accountants of repute

who are members of the Institute of Chartered

Accountants of India, for a period of not less

than ten years

(d) two Cost Accountants of repute who

are members of the Institute of Cost and Works

Accountants of India, for a period of not less

than ten years, or the financial experts of repute

(b) clause (f) shall be deleted;

(c) after clause (h), the following clauses shall

be inserted, namely:-

“(h-1) the Commissioner, Medical Education

(h-2) the Director, Directorate of AYUSH,

Maharashtra State

(d) for clause (j), the following clause shall be

substituted, namely:-

“(j) an officer of the State Government not

below the rank of Joint Secretary.

(2) after sub-section (4), the following sub-sections shall be inserted,

namely:-

“(4A) The Chairperson may invite the Registrar of any

University in the State of Maharashtra as an invitee member

when the business of the Fees Regulating Authority pertaining

to the professional courses concerned with that University is

transacted.

(4B) The Chairperson may also invite any person or officer

from the field of Higher Education, Technical Education, Medical

and Health Science, Architecture, Agriculture, Ayurved Medicine,

Homeopathy, Dental, Nursing or Pharmacy Education for

obtaining their expert opinion. Such expert invitees may

participate in the proceedings of the meetings of the Fees

Regulating Authority, but they shall have no right to vote.”;

(3) in sub-section (5), for the word “member”, the words “member or

experts” shall be substituted.

Mah.

XXVIII

of 2015.

Amendment

of section 11

of Mah.

XXVIII of

2015.

.. Member

.. Member”;

.. Member

.. Member”;

.. Member-

Secretary.”;

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STATEMENT OF OBJECTS AND REASONS

Section 11 of the Maharashtra Unaided Private Professional

Educational Institutions (Regulation of Admissions and Fees) Act, 2015

(Mah. XXVIII of 2015) provides for constitution of the Fee Regulating

Authority to determine reasonableness of fees structure of the professional

education imparted by the Unaided Private Professional Educational

Institutions. The said Authority consists of a Chairperson who is a retired

judge of High Court or retired officer of the Government of the rank of

Chief Secretary and members who are an eminent educationist, one

Chartered Accountant, one Cost Accountant, an expert in professional

education and other official members.

2. The said Authority while deciding the proposals and finalizing the

reasonableness of fees structure has to primarily consider the income and

expenditure incurred by the institution during the preceding year,

estimated budget for current academic year, sanctioned intake capacity,

etc.

The Authority primarily requires the assistance of the Chartered

Accountant and the Cost Accountant to scrutinize individual proposals

and assess the correctness of the factual statement made about income

and expenditure by each institution. Hence, additional one Chartered

Accountant and one Cost Accountant member have been proposed to be

appointed on the said Authority.

3. The Government also considers it necessary to appoint the

Commissioner, Medical Education and the Director, Directorate of AYUSH,

Maharashtra State, as members of the Authority.

It is also proposed to provide that the Chairperson may invite the

Registrar of any university in the State of Maharashtra and the experts

from various fields of professional education, such as Higher Education,

Technical Education, Medical and Health Science, etc., to give advice to

the Authority.

4. For the obove purposes, the Government considers it expedient to amend

section 11 of the Maharashtra Unaided Private Professional Educational

Institutions (Regulation of Admissions and Fees) Act, 2015, suitably.

5. The Bill seeks to achieve the above objectives.

Mumbai,

CHANDRAKANT (DADA) PATIL,

Dated the 20th March 2023.

Minister for Higher and

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.