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1

SKILLS, EMPLOYMENT, ENTREPRENEURSHIP AND

INNOVATION DEPARTMENT

Mantralaya, Madam Cama Marg, Hutatma Rajguru Chowk,

Mumbai 400 032, dated the 16th March 2024.

MAHARASHTRA ORDINANCE No. IV OF 2024.

AN ORDINANCE

to amend the Maharashtra State Skills University Act, 2021.

WHEREAS both Houses of the State Legislature are not in session ;

AND WHEREAS the Governor of Maharashtra is satisfied that

circumstances exist which render it necessary for him to take immediate

action to amend the Maharashtra State Skills University Act, 2021 for the

purposes hereinafter appearing;

Mah.

VII of

2021.

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

in English of the Maharashtra State Skills University (Amendment) Ordinance, 2024 (Mah. Ord.

IV of 2024) 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.

(Translation in English of the Maharashtra State Skills University (Amendment)

Ordinance, 2024 (Mah. Ord. IV of 2024), Published under the authority of the Governor.)

RNI No. MAHENG / 2009 / 35528

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(1)

2

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NOW, THEREFORE, in exercise of the powers conferred by clause (1)

of article 213 of the Constitution of India, the Governor of Maharashtra is

hereby pleased to promulgate the following Ordinance, namely :—

1.

(1) This Ordinance may be called the Maharashtra State Skills

University (Amendment) Ordinance, 2024.

(2) It shall come into force at once.

2.

In section 12 of the Maharashtra State Skills University Act, 2021

(hereinafter referred to as “the principal Act”), in sub-section (3),—

(1) in clause (a),—

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

committee” shall be substituted;

(b) 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;”;

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

inserted, namely :—

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

Grants Commission.”;

(2) in clause (f),—

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

committee” shall be substituted;

(b) for sub-clauses (i) and (ii), the following sub-clauses shall

be substituted, namely :—

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

integrity, morals and institutional commitment;

(ii) be an eminent and distinguished academician and an

administrator of high calibre with experience in skill education

or employability based education or entrepreneurship

promotion holding doctoral degree;

(ii-a) 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;”;

(c) in sub-clause (iv), for the words “educational qualification”

the words “additional educational qualifications” shall be

substituted.

3.

In section 81 of the principal Act, for the words “two years, or until

new appointment of officers of the university are made as per the Act” the

words “three years, or until new appointment of officers of the university

are made as per the Act, whichever is earlier ” shall be substituted.

Short title and

commencement.

Amendment

of section 12

of Mah. VII of

2021.

Mah.

VII of

2021.

Amendment

of section 81

of Mah. VII of

2021.

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STATEMENT

Section 12 of the Maharashtra State Skills University Act, 2021 (Mah.

VII of 2021) provides for eligibility criteria of Vice-Chancellor and constitution

of the committee to recommend suitable names to the Chancellor for

appointment of Vice-Chancellor.

2.

The provisions of the eligibility criteria of Vice-Chancellor 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.

It is also considered expedient to enhance the tenure of first officers

of the university nominated by the Government upto three years instead of

two years on the lines of similar provisions of the Dr. Babasaheb Ambedkar

Technological University Act, 2014 (Mah. XXIX of 2014).

5.

For the above purposes, it is considered expedient to amend sections

12 and 81 of the Maharashtra State Skills University Act, 2021, suitably.

6.

As both Houses of the State Legislature are not in session and the

Governor of Maharashtra is satisfied that circumstances exist which render

it necessary for him to take immediate action to amend the Maharashtra

State Skills University Act, 2021 (Mah. VII of 2021), for the purposes aforesaid,

this Ordinance is promulgated.

Mumbai,

RAMESH BAIS,

Dated the 16th March 2024.

Governor of Maharashtra.

By order and in the name of the

Governor of Maharashtra,

OM PRAKASH GUPTA,

Additional Chief Secretary to Government.

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.