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L. A. BILL No. LIII OF 2023.
A BILL
to amend the Maharashtra International Sports University Act, 2020.
WHEREAS it is expedient to amend the Maharashtra International
Sports University Act, 2020, 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 International Sports
University (Amendment) Act, 2023.
Mah.
XXXV of
2020.
Short title.
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MAHARASHTRA LEGISLATURE SECRETARIAT
The following Bill was introduced in the Maharashtra Legislative Assembly on the 15th December,
2023 is published under Rule 117 of the Maharashtra Legislative Assembly Rules.
RNI No. MAHBIL/2009/40123
BSɤÉÒ-1748-1.
¦ÉÉMÉ {ÉÉSÉ-+-53-1.
(1)
2
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Amendment
of section
12 of Mah.
XXXV of
2020.
2. In section 12 of the Maharashtra International Sports University
Act, 2020,—
(1) in sub-section (3),—
(a) in clause (a),—
(i) for the word “committee” the words “search-cum-selection
committee” shall be substituted;
(ii) for sub-clause (i), the following 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 or
sports ;”;
(iii) after sub-clause (iii), the following sub-clause shall be
added, 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
or any College or any recognized institution of the University.”;
(c) in clause (d), the word “three” shall be deleted ;
(d) in clause (f),—
(i) in sub-clause (i), after the words “a person with” the words
“minimum ten years” shall be added ;
(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 Vice-Chancellor,
the Chancellor may select another suitable person from the
remaining persons from 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 that,” the
words “Provided further that,” shall be substituted.
Mah.
XXXV of
2020.
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STATEMENT OF OBJECTS AND REASONS
Section 12 of the Maharashtra International Sports University Act,
2020 (Mah. XXXV of 2020) provides for eligibility criteria and constitution
of the Committee to recommend suitable names to the Chancellor for
appointment of Vice-Chancellor.
2. The provisions of the eligibility criteria and constitution of the
Committee to recommend suitable names to the Chancellor 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 & Ors. (Writ Petition (Civil) No. 1525 of 2019)
and Professor (Dr.) Sreejith P.S. v/s Dr. Rajasree M.S. & Ors. (Civil Appeal
Nos. 7634-7635 of 2022), held that the eligibility criteria and procedure for
appointment of Vice-Chancellor shall always be as per the relevant UGC
Regulations and if the State Act is not at par with the UGC Regulations,
must be amended to bring it at par with the applicable UGC Regulations
and until then, the said UGC Regulations shall prevail.
4.
In view of above, the existing provisions relating to appointment
of Vice-Chancellor as contained in said section 12 needs to be amended as
per the said UGC Regulations. The Government, therefore, considers it
expedient to amend section 12 of the Maharashtra International Sports
University Act, 2020, suitably.
5. The Bill seeks to achieve the above objectives.
Nagpur,
SANJAY BANSODE,
Dated the14th December, 2023.
Minister for Sports and
Youth Welfare.
Vidhan Bhavan :
JITENDRA BHOLE,
Nagpur,
Secretary (1) (I/C),
Dated the15th December, 2023.
Maharashtra Legislative Assembly.
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