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1

MAHARASHTRA ACT No. XXII OF 2023.

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

“Maharashtra Government Gazette”, on the 26th April 2023).

An Act further to amend the Maharashtra State Board of

Technical Education Act, 1997.

WHEREAS it is expedient further to amend the Maharashtra State Board of

Technical Education Act, 1997, 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 State Board of Technical Education

(Amendment) Act, 2023.

2. In the long title of the Maharashtra State Board of Technical Education

Act, 1997 (hereinafter referred to as “the principal Act”), after the words “State

of Maharashtra” the words “and matters relating to affiliation of Polytechnic or

Institutions and courses of study therein with the said Board” shall be added.

Short title.

Amendment

of long title

of Mah.

XXXVIII of

1997.

Mah.

XXXVIII

of

1997.

Mah.

XXXVIII

of

1997.

RNI No. MAHENG /2009/35528

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+ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö

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+ºÉÉvÉÉ®úhÉ Gò¨ÉÉÆEòú 39

|ÉÉÊvÉEÞòiÉ |ÉEòɶÉxÉ

¨É½þÉ®úɹ]Åõ Ê´ÉvÉÉxɍɯb÷³ýÉSÉä +ÊvÉÊxÉªÉ¨É ´É ®úÉVªÉ{ÉɱÉÉÆxÉÒ |ÉJªÉÉÊ{ÉiÉ Eäò±Éä±Éä +vªÉÉnäù¶É ´É Eäò±Éä±Éä Ê´ÉÊxÉªÉ¨É +ÉÊhÉ

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 Maharashtra State Board of Technical Education (Amendment) Act, 2023

(Mah. Act No. XXII of 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.

————————

(1)

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3. In the preamble of the principal Act, after the words “State of

Maharashtra” the words “and matters relating to affiliation of Polytechnic or

Institutions and courses of study therein with the said Board” shall be inserted.

4. In section 2 of the principal Act, —

(a) before clause (a), the following clause shall be inserted, namely,— 

“(a-1) “affiliated institution” means an institution which has been

granted affiliation by the Board;”;

(b) after clause (a), the following clauses shall be inserted, namely:—

“(aa) “autonomy” means a privilege of the Board, conferred on an

institution permitting conduct of academic programmes and

examinations, developing syllabus for the respective subjects and issuing

certificates of passing the examinations relating to Diploma Level

Technical Education;

(ab) “autonomous institution” means an institution to which

autonomy is conferred under section 33;”;

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

“(d) “Diploma Level Technical Education” means such Technical

Education which follows the Secondary, Higher Secondary, Engineering

or Technology Diploma Education, as the case may be, to attain Diploma

or Post-Diploma or Post-Graduate Diploma or Advanced Diploma Level

Engineering or Technology or Management or any other education

specified by the Board.

Explanation. —For the purpose of this clause, the expression

“Technical Education” also includes diploma level programme of

education in engineering, technology, architecture, town planning,

management, pharmacy and hotel management and catering technology,

as declared by the regulatory authority ”;

(d) after clause (g), the following clause shall be inserted, namely:—

“(ga) “management” means the trustees or the managing or

governing body, by whatever name called, of any trust registered under

the Maharashtra Public Trusts Act or any society registered under the

Societies Registration Act, 1860 or a company registered under section

8 of the Companies Act, 2013, under the management of which one or

more institutes are conducted and admitted to the privileges of the

Board;”;

(e) in clause (j), for the words “three regions” the word “regions” shall be

substituted;

(f) after clause (j), the following clause shall be inserted, namely:-

“(ja) “regional office” means the office established by the State

Government for the concerned region;”;

(g) after clause (k), the following clause shall be inserted, namely:-

“(ka) “regulatory authority” means any authority or body established

by or under the law made by the Parliament, whose approval is necessary

to start Diploma Level Technical Education Institution or courses and

which are authorized to regulate the matters connected therewith and

includes the Board;”.

Amendment

of preamble

of Mah.

XXXVIII of

1997.

Amendment

of section 2

of Mah.

XXXVIII of

1997.

XXIX

of

1950.

21 of

1860.

18 of

2023.

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3

5. After section 4 of the principal Act, the following section shall be

inserted, namely:-

“4A. The objects of the Board shall be to disseminate, create and

preserve knowledge and understanding by teaching, research, extension

and service in general, and in particular the objects shall be,—

(1) to supervise, monitor, regulate and to contribute for the development

of Diploma Level Technical Education activities;

(2) to conduct examinations and confer diplomas and other academic

distinctions or titles on persons subject to such conditions as the

Board may determine, and to withdraw or cancel any such diplomas

or other academic distinctions or titles in the prescribed manner;

(3) to provide facilities and offer opportunities for the development of

Diploma Level Technical Education by instruction, training,

research, development and extension and by such other means, as

the Board may deems fit;

(4) to devise and implement a programme of Diploma Level Technical

Education that is relevant to the current needs of the society, aligned

to the long term requirements and responsive to the anticipated

changes and developments;

(5) to further advancement of knowledge in Diploma Level Technical

Education and to disseminate the same for the betterment of

society;

(6) to serve as a centre for fostering co-operation and exchange of ideas

between the academic and research community on the one hand

and the industrial and the Government employers on the other

and to promote entrepreneurship among the students;

(7) to promote equitable distribution of facilities of Diploma Level

Technical Education and to develop Diploma educational network

with use of modern communication media and technologies,

appropriate for a learning society;

(8) to provide for efficient and responsive administration, scientific

management and to develop organisation of teaching, research and

extension;

(9) to build financial self-sufficiency by undertaking academic and allied

programmes;

(10) to promote better interaction and co-ordination amongst different

State authorities and institutes;

(11) to strive to promote competitive merit and excellence as the sole

guiding criterion in all academic and other matters relating to

students;

(12) to develop or revise curriculum so as to fulfill requirements of

industry and to incorporate advancements in technology;

(13) to plan for effective implementation of curriculum and to develop

required learning resources and to provide appropriate training to

the teachers;

Insertion of

section 4A in

Mah. XXXVIII

of 1997.

Objects of

Board.

4

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(14) to implement academic programms, other activities and to carry

out teaching and research and offer continuing quality education

programmes;

(15) to provide learning, teaching, capability and skills development in

technical education and their inter-disciplinary studies at Diploma

level;

(16) to provide instructions, teaching and training in technical education

and make provisions for research;

(17) to create centers of excellence for strengthening and innovations in

Diploma Level Technical Education;

(18) to start technical education programs, courses in new and emerging

areas with innovative approaches;

(19) to establish innovative approaches for, creation of seamlessness in

academic structures, learning time-frames and continuous

evaluation processes for, nurturing and cultivation of creativity and

entrepreneurship;

(20) to encourage or guide the institutions for conducting continuing

education programmes in thrust areas or industry needs;

(21) to acquire, hold, transfer and dispose off any property, interest or

right thereto and to manage and deal with the same for effective

functioning; and

(22) to provide and acquire consultancy, affiliation and support services

for furtherance of technical educational activities, including for

affiliated institutions, examination Boards, Universities,

Government educational bodies, Directorates and the Government

Departments, etc., within or outside the Country.”.

6. In section 5 of the principal Act, in sub-section (1),—

(a) after clause (a), the following clause shall be inserted, namely:—

“(a-1) The Director, Maharashtra State Board of Technical

Education as the Member;”;

(b) in clause (b), for the words “the Director” the words “the

Secretary” shall be substituted;

(c) in clause (c),—

(i) under the heading “Class A-Ex-officio Members”,—

(I) sub-clause (iii) shall be deleted;

(II) in sub-clause (v), for the words “Ministry of Human

Resources Development” the words “Ministry of Education”

shall be substituted;

(ii) under the heading “Class B-Nominated Members”,—

(I) sub-clause (iv) shall be deleted;

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

substituted, namely:—

“(v) Six members to be nominated by the Government

from amongst office bearers of the registered associations

of industries or professional bodies related to technical

education recommended by them:”.

Amendment of

section 5 of

Mah. XXXVIII

of 1997.

¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, BÊ|É±É 26, 2023/´Éè¶ÉÉJÉ 6, ¶ÉEäò 1945

5

7. In section 6 of the principal Act, in sub-section (1), the words “or the

post equivalent thereto” shall be deleted.

8. In section 20 of the principal Act,—

(a) in sub-section (2), for the words “the Chairman” the words “the

Director” shall be substituted;

(b) after sub-section (7), the following sub-sections shall be added,

namely:—

“(8) The Secretary shall be the custodian of the record, the

common seal and such other property of the Board.

(9) The Secretary shall, from time to time, prepare and update

the hand book of bye-laws and regulations made under this Act.

(10) The Secretary shall exercise such other powers and perform

such other duties, as may be prescribed.

(11) Subject to the decisions of the authorities and committees

thereof, the Secretary shall have the power to enter into agreements,

sign documents and authenticate records on behalf of the Board.”.

9. In section 22 of the principal Act,—

(a) in clause (zj), sub-clause (iii) shall be deleted;

(b) after clause (zm), the following clause shall be added, namely:-

“(zn) to upgrade Government polytechnic as Model Polytechnic

or Center of Excellence, considering past performance of such

institute.”.

10. In section 23 of the principal Act, after sub-section (1), the following

sub-sections shall be inserted, namely:—

“(1A) The Director shall ensure that the directions issued by the

Government and Governing Council are strictly complied with or, as

the case may be, implemented.

(1B) Where any matter is required to be regulated by regulations or

bye-laws, but no regulations or bye-laws are made in that behalf, the

Director may for the time being, regulate matter by issuing such

directions as he thinks necessary, and shall, and at the earliest

opportunity thereafter, place them before the Board in the next meeting

for approval :

Provided that such directions shall have to be converted into

regulations or bye-laws, as the case may be, within six months of issuing

such directions failing which such directions shall automatically lapse,

but not affecting the action taken thereby.

(1C) For the purpose of purporting duties under sub-sections (1)

and (1A), the Director may delegate his powers to perform such duties

to the Secretary or such other officer as he deems fit.”.

Amendment of

section 6 of

Mah. XXXVIII

of 1997.

Amendment of

section 20 of

Mah. XXXVIII

of 1997.

Amendment of

section 22 of

Mah. XXXVIII

of 1997.

Amendment of

section 23 of

Mah. XXXVIII

of 1997.

¦ÉÉMÉ +É`ö--39---2

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¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, BÊ|É±É 26, 2023/´Éè¶ÉÉJÉ 6, ¶ÉEäò 1945

11. After section 24 of the principal Act, the following section shall be

inserted, namely:-

“24A. (1) The State Government shall by an order constitute a Fees

Fixation Committee, to work out the real cost of delivery of each and

every Diploma Level Technical Education run by the unaided private

polytechnic or institution affiliated to the Board. The Government shall

specify the emoluments and other allowances payable, term of office

and conditions of services of the Chairperson and members of the Fee

Fixation Committee in such order.

(2) The functions, powers and procedure of the Fees Regulating

Authority, the procedure to be adopted by the Fees Regulating Authority

and factors for determination of fees structure provided in sections 13,

14 and 15 of the Maharashtra Unaided Private Professional Educational

Institutions (Regulation of Admissions and Fees) Act, 2015, shall mutatis

mutandis be followed by the Fee Fixation Committee constituted under

sub-section (1) while working out the real cost of delivery of each and

every such education.”.

12. In section 25 of the principal Act,—

(a) in sub-section (1),—

(i) in clause (f), for the words “the Board” the words “ the Board

and the regulatory authority” shall be substituted;

(ii) in clause (h), for the words “the Chairman” the words “the

Director of the Board” shall be substituted;

(iii) in clause (i), for the words “the Board” the words “the

Government and appropriate regulatory authority” shall be

substituted;

(iv) in clause (j), for the words “the Board” the words “the

Government and regulatory authority” shall be substituted;

(b) for sub-section (2), the following sub-section shall be substituted,

namely:—

“(2) No institution which is part of another authority, Board or

University shall be considered for affiliation unless a “No Objection

Certificate” is given by that authority, Board or University:

Provided that, no financial assistance of whatever nature shall

be claimed by the students admitted to such institutes from the

Board or Government of Maharashtra and the Board or the

Government of Maharashtra shall not be liable to give any financial

assistance to such students.”.

13. In section 26 of the principal Act,—

(a) for sub-section (3), the following sub-section shall be substituted,

namely:—

“(3) The management seeking permission to open a new

institution shall apply in the prescribed form to the Secretary of

the Board as per the schedule declared by the Board for each

academic year in accordance with the Academic Calendar.”;

Insertion of

section 24A of

Mah. XXXVIII

of 1997.

Fee Fixation

Committee.

Amendment of

section 25 of

Mah. XXXVIII

of 1997.

Amendment of

section 26 of

Mah. XXXVIII

of 1997.

Mah.

XXVIII

of 2015.

¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, BÊ|É±É 26, 2023/´Éè¶ÉÉJÉ 6, ¶ÉEäò 1945

7

(b) in sub-section (4), for the words “on or before the last day of

December of the year” the words “within forty-five days from the last

date of submission of application as mentioned in the said schedule”

shall be substituted;

(c) for sub-section (5), the following sub-section shall be substituted,

namely:—

“(5) Out of the applications recommended by the Board, the

Government may grant permission, within thirty days from the date

of receipt of recommendation from the Board, to such institutions

as it may consider right and proper in its absolute discretion,

considering the State and Central Government policies, the

suitability of the managements seeking permission to open new

institutions and the State level priorities with regard to location of

institutions of Technical Education. The State Government shall

communicate approvals to the Board. Approvals granted after the

commencement of the academic year shall be given effect by the

Board, only in the subsequent academic year:

Provided that, in exceptional cases and for the reasons to be

recorded in writing, any application not recommended by the Board

may be approved by the Government for starting a new Institution

of Technical Education.”;

(d) after sub-section (5), the following sub-section shall be inserted,

namely:—

“(5A) The procedure specified in this section shall apply,

mutatis-mutandis, for the permission to open new courses,

additional faculties, new subjects, additional divisions, change of

name and change of location.”.

14. In section 27 of the principal Act,-

(a) in sub-section (1), after the words and figures “under section

26” the words “and after approval of the regulatory authority,

wherever required” shall be inserted;

(b) sub-section (5) shall be deleted.

15. In section 32 of the principal Act,-

(a) in sub-section (2), for the words “thirty days” the words “fifteen

days” shall be substituted;

(b) for sub-section (4), the following sub-section shall be

substituted, namely:-

“(4) The Board shall having regard to the academic interest of

students studying in the institutions, recommend to the

Government the action of suspension or withdrawal of affiliation

or any other suitable action (including imposition of penalty) to be

taken in this behalf and the Government shall, thereafter, proceed

to implement the recommendations .”.

16. In section 33 of the principal Act, in sub-section (3), after the words

“ facilities exist as per norms” the words “, the institution has secured

minimum required accreditations and have adequate financial capacity,”

shall be inserted.

Amendment of

section 27 of

Mah. XXXVIII

of 1997.

Amendment of

section 32 of

Mah. XXXVIII

of 1997.

Amendment of

section 33 of

Mah. XXXVIII

of 1997.

¦ÉÉMÉ +É`ö--39---2+

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¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, BÊ|É±É 26, 2023/´Éè¶ÉÉJÉ 6, ¶ÉEäò 1945

17. In section 34 of the principal Act, after sub-section (4), the following

sub-section shall be inserted, namely:-

“(4A) The institution granted autonomous status shall conduct

assessment, declare results and recommend to the Board for award of

joint certificate or diploma for different programmes.”.

18. After section 34 of the principal Act, the following section shall be

inserted, namely:-

“34A. (1) The Board on complaint or suo moto after conducting

an enquiry, is satisfied that the institutions granted autonomy failed

to comply with the provisions of sections 33 and 34, it shall recommend

to the Government to withdraw the autonomous status of the

institution:

Provided that, the Board shall not recommend to the Government

the withdrawal of autonomous status of the institution unless an

opportunity of being heard is given to the institution.

(2) Upon receipt of recommendation from the Board to withdraw

the autonomous status of the institution, the Government shall

withdraw the autonomous status of such institution. The decision of

the Government in this regard shall be final and binding.”.

19. For section 35 of the principal Act, the following section shall be

substituted, namely:-

“35. (1) No management of an institution shall be allowed to close

down the institution without prior permission of the Government and

other regulatory authority which gives approval to start the institution.

(2) The management desires of closing down the institution shall

apply to the Board, as per the schedule declared by the Board or

appropriate regulatory authority, as the case may be, stating fully

the grounds for closure, and pointing out the assets in the form of

building and equipments, their original costs, the prevailing market

value and the grants so far received by it from the Government or

from public funding agencies:

Provided that, the management of unaided institution shall also

give undertaking on affidavit that the liabilities, including

emoluments payable to teaching and non-teaching staff, arising out

of closure of institution, shall be solely that of the management of

such institution.

(3) On receipt of such application, the Board shall cause to make

enquiries as it may deem fit, to assess and determine whether the

institution be permitted to effect the closure:

Provided that, no application for closure shall be rejected by the

Board unless an opportunity of being heard is given to the

management.

Amendment of

section 34 of

Mah. XXXVIII

of 1997.

Insertion of

section 34A in

Mah. XXXVIII

of 1997.

Withdrawal of

autonomous

status.

Substitution of

section 35 of

Mah. XXXVIII

of 1997.

Closer of

institution.

¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, BÊ|É±É 26, 2023/´Éè¶ÉÉJÉ 6, ¶ÉEäò 1945

9

(4) If the Board decides to recommend the closure, it shall prepare

and submit to the Government and wherever required to the

regulatory authority also a report on the extent of the assets created

by utilizing the funds provided by the Government or other public

funding agencies, to be transferred to the Government.

(5) If the Board has recommended the closure of the institution

and the prior permission for closure has been granted by the regulatory

authority which has given approval to start the institution then, the

Government may issue the order for closure.

(6) The procedure given in sub-sections (1) to (5) shall be

applicable mutatis-mutandis to closure of the course or programme

affiliated to the Board.”.

20. After section 35 of the principal Act, the following section shall

be inserted, namely:-

“35A. (1) The management seeking permission of the Government

for change or transfer of the management of the institution, shall

apply in the form as may be prescribed by the Board or the regulatory

authority, as the case may be, to the Secretary of the Board as per the

schedule declared by the Board or the regulatory authority, as the

case may be.

(2) All such applications received within the time limit specified

in the schedule shall be scrutinized by the Board and be forwarded to

the Government and wherever required to the regulatory authority

also, within the time limit specified in the said schedule.

(3) The Government may grant permission to such institutions

as it may consider right and proper in its absolute discretion, taking

into account the suitability of the management seeking permission.”.

21. In section 37 of the principal Act, after sub-section (3), the following

sub-section shall be added, namely:-

“ (4) The Board shall have a power to continue to earmark funds

or to newly earmark funds from the funds of the current year or from

the accumulated surplus of previous years, for specific objectives such

as student development activities, student scholarship, project

competitions, enterprise incubation and innovation, infrastructure

development, employees salary protection fund, establishment and

development of Skill Center and Center of Excellence or any other

objectives.”.

22. For section 38 of the principal Act, the following section shall be

substituted, namely:-

“38. (1) Subject to the provisions of this Act, the Fund of the Board

shall be applied to the payment of charges and expenses incidental

to the matters specified in this Act; and for any other purpose for which

by or under this Act powers are conferred or duties are imposed upon

the Board.

(2) After considering the receipt and accumulation of funds

referred in sub-section (1) of section 37, a portion of accumulated

Insertion of

section 35A in

Mah. XXXVIII

of 1997.

Change or

transfer of

management

of institution.

Amendment of

section 37 of

Mah. XXXVIII

of 1997.

Substitution of

section 38 of

Mah. XXXVIII

of 1997.

Application of

fund.

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balance in the Fund may be utilized by the Board, with the previous

sanction of the Governing Council, from time to time, for all or any of

the following purposes, namely:-

(i) development of the properties of the Board and acquisition

of movable and immovable assets for the purposes of the Board;

(ii) construction of buildings for Board;

(iii) for management of the Government Polytechnic as Model

Polytechnic or Center of Excellence or for upgradation of specified

laboratories at the Government Polytechnics:

Provided that, the funds utilized in any financial year for the

aforesaid purpose shall not exceed twenty-five percent. of the

balance in the funds earmarked for the infrastructure development,

at the end of preceding financial year:

Provided further that, no amount more than fifty per cent. of

such twenty-five per cent. shall be utilized on a single project in

that financial year.”.

23. In section 46 of the principal Act, sub-section (3) shall be deleted.

24. In section 47 of the principal Act, sub-section (1) shall be deleted.

25. For the SCHEDULE appended to the principal Act, the following

Schedule shall be substituted, namely:-

“SCHEDULE

REGIONS

(see section 2(j))

Sr.

Region

Area

Nos.

1.

Amravati

Akola, Amravati, Buldhana,

Washim and Yavatmal.

2.

Chhatrapati

Beed, Chhatrapati Sambhajinagar,

Sambhaji-

Dharashiv, Hingoli, Jalna, Latur,

nagar

Nanded and Parbhani.

3.

Mumbai

Mumbai, Mumbai Suburban,

Navi Mumbai, Palghar, Raigad,

Ratnagiri, Sindhudurg and Thane.

4.

Nagpur

Bhandara, Chandrapur, Gadchiroli,

Gondia, Nagpur and Wardha.

5.

Nashik

Ahmednagar, Dhule, Jalgaon,

Nandurbar and Nashik.

6.

Pune

Kolhapur, Pune, Sangli, Satara

and Solapur.”.

Amendment of

section 46 of

Mah. XXXVIII

of 1997.

Amendment of

section 47 of

Mah. XXXVIII

of 1997.

Substitution of

SCHEDULE of

Mah. XXXVIII

of 1997.

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11

26. (1) If any difficulty arises in giving effect to the provisions of the

principal Act, as amended by this Act, the State Government may, as the

occasion arises, by an order published in the Official Gazette, give such

directions not inconsistent with the provisions of the said Act as amended

by this Act, as may appear to it to be necessary or expedient for the

purposes of 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 be laid, as soon as

may be, after it is made, before each House of the State Legislature.

Power to

remove

diffculty.

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.