HIGHER AND TECHNICAL EDUCATION DEPARTMENT

Mantralaya, Madam Cama Marg, Hutatma Rajguru Chowk,

Mumbai 400 032, dated the 22nd February 2026.

MAHARASHTRA ORDINANCE No. II OF 2026.

AN ORDINANCE

further to amend the Maharashtra Unaided Private Professional Educational

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

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

further to amend the Maharashtra Unaided Private Professional Educational

Institutions (Regulation of Admissions and Fees) Act, 2015, for the purposes

hereinafter appearing;

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:—

Mah.

XXVIII

of 2015.

भााग आठ—३-१

(1)

RNI No. MAHENG /2009/35528

महाारााष्ट्रट शाासन रााजपत्र

असाधाारण भााग आठ

वर्षष १२, अंक ३]

रवि�वार, फेेब्रुुवारी २२, २०२६/फाल्गुन ३, शकेे १९४७

[पृष्ठे १८, किं�ंमत : रुपयेे २७.००

असाधाारण क्रमांं�क ३

प्रााधि�कृृत प्रकााशन

महाारााष्ट्र वि�धाानमंडळााचेे अधि�नि�यम व रााज्यपाालांं�नी प्रख्यापि�त केलेले अध्यादेेश व केलेले

वि�नि�यम आणि� वि�धीी व न्याय वि�भाागाकडून आलेली वि�धेयकेे (इंंग्रजी अनुवाद).

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) Ordinance, 2026 (Mah. Ord. II of 2026), 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 Unaided Private Professional Educational Institutions

(Regulation of Admissions and Fees) (Amendment) Ordinance, 2026 (Mah. Ord. II of 2026), published

under the authority of the Governor).

महाराष्ट्रõ शासन रा

असाधारण भाग आठ, फेब्रुवारी २२,

२०२६/फाल्गुन ३, शके १

1. (1) This Ordinance may be called the Maharashtra Unaided Private

Professional Educational Institutions (Regulation of Admissions and Fees)

(Amendment) Ordinance, 2026.

(2) It shall come into force at once.

2. In section 1 of the Maharashtra Unaided Private Professional

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

referred to as “the principal Act”), in sub-section (1), for the words “the

Maharashtra Unaided Private Professional Educational Institutions (Regulation

of Admissions and Fees)” the words “the Maharashtra Professional Educational

Institutions (Regulation of Admissions) and Unaided Private Professional

Educational Institutions (Regulation of Fees)” shall be substituted.

3. In section 2 of the principal Act,—

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

“(a-1) “aided institution” means Private Professional Educational

Institution, which is receiving aid or grant-in-aid on account of salaries to

its employees from the Central Government, the State Government or the

local authority;”;

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

“(b-1) “Appellate Authority” means the Appellate Authority constituted

under section 15A;”;

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

“(c-1) “CET Cell” means the Maharashtra State Common Entrance

Test Cell referred in section 10;”;

(4) for clause (g), the following clause shall be substituted, namely:—

“(g) “fees” means the amount determined as fees by the Fees

Regulating Authority, having regard to the factors mentioned in section

15; but does not include any charges payable towards use of optional

facilities like hostel accommodation, transportation, mess-charges and

Students Insurance Fees, etc.;”;

(5) in clause (k), for the words “second year of the course” the words “second

or any subsequent year of the course” shall be substituted;

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

“(n-1) “Overseas Citizens of India (OCI)” shall have the same meaning

as assigned to it in section 7A of the Citizenship Act, 1955 ;”;

(7) in clause (q), after sub-clause (iii), the following sub-clause shall be

added, namely: -

“(iv) the Ratan Tata Maharashtra State Skills University incorporated

under the Maharashtra State Skills University Act, 2021 ; or the self-

financed private skills university mentioned in the Schedule to the

Maharashtra Private Skills Universities (Establishment and Regulation)

Act, 2024 or any college or institution affiliated to those universities;”;

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

“(v-1) “Selection Committee” means the committee constituted under

section 20A;”;

Short title and

commencement.

Amendment

of section 1 of

Mah. XXVIII

of 2015.

Mah.

XXVIII

of 2015.

Amendment

of section 2 of

Mah. XXVIII

of 2015.

57 of

1955.

Mah. VII

of 2021.

Mah.

XXXV of

2024.

महाराष्ट्रõ शासन रा

असाधारण भाग आठ, फेब्रुवारी २२,

२०२६/फाल्गुन ३, शके १

(9) in clause (w), for the words “the students studying” the words “the

student seeking admission in the institution or the student studying” shall be

substituted;

(10) in clause (x), for the words “grant-in-aid” the words “grant-in-aid on

account of salaries to its employees” shall be substituted.

4. In section 6 of the principal Act, in sub-section (1), after the word and

figures “Act, 2006” the words “,the Maharashtra State Reservation for Socially

and Educationally Backward Classes Act, 2024” shall be inserted.

5. After section 6 of the principal Act, the following section shall be

inserted, namely:—

“6A. The provisions of sections 3, 4, 5 and 6 in respect of the

Regulations of Admissions and section 10 in respect of CET Cell shall

mutatis mutandis apply to Government institution, Government aided

institution and Public University Departments or institutes.”

6. In Chapter III of the principal Act, in the heading, the words “AND

STATE COMMON ENTRANCE TEST CELL” shall be deleted.

7. In section 7 of the principal Act,—

(1) in sub-section (3),—

(i) in clause (a), for the words “of the rank of Chief Secretary or

Additional Chief Secretary” the words “not below the rank of Principal

Secretary” shall be substituted ;

(ii) in clause (b), for the words “Vice-Chancellor of University”

the words “the Vice-Chancellor or the Pro-Vice-Chancellor of a Public

University” shall be substituted;

(iii) after clause (b), the following clause shall be inserted,

namely:—

“(b-1) A retired Government Officer, not

below the rank of Joint Secretary, who has

worked in the legal section of Law and

Judiciary Department

. .

Member”;

(iv) after clause (e), the following clauses shall be inserted,

namely:—

“(e-1) the Director of Medical Education

and Research

. .

Member

(e-2) the Director, AYUSH

. .

Member

(e-3) the Director, Art

. .

Member”;

(2) in sub-section (4),—

(i) for the brackets and letter “(b)”, the brackets, letters and figure

“(b), (b-1)” shall be substituted;

(ii) after the words “the State Government” the words “in the

prescribed manner on the recommendation of the Selection Committee”

shall be added.

Amendment

of section 6 of

Mah. XXVIII

of 2015.

Mah.

XVI of

2024.

Insertion of

section 6A

Mah. XXVIII

of 2015.

Manner of

admission in

Government

institution,

etc.

Amendment

of Heading of

Chapter III of

Mah. XXVIII

of 2015.

Amendment

of section

7 Mah.

XXVIII of of

2015.

भााग आठ—३-१अ

महाराष्ट्रõ शासन रा

असाधारण भाग आठ, फेब्रुवारी २२,

२०२६/फाल्गुन ३, शके १

8. In section 8 of the principal Act, for sub-sections (1) and (2), the

following sub-sections shall be substituted, namely:—

“(1) The term of Office of the Chairperson and Member shall be of three

years from the date he assumes his office or until he attains the age of seventy

years, whichever is earlier:

Provided that, every person who on the date of commencement of the

Maharashtra Unaided Private Professional Educational Institutions (Regulation

of Admissions and Fees) (Amendment) Ordinance, 2026 is serving as

Chairperson or Member shall, on and from such commencement, be the

Chairperson or, as the case may be, the Member and they shall continue to hold

the office on the same terms and conditions on which they were appointed, till

completion of their term of office.

(2) The Chairperson and Member shall be eligible for re-appointment for

only one more consecutive term of three years.”.

9. In section 9 of the principal Act,—

(1) in sub-section (1),—

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

“(i) to assist the Government in making rules, to carry out the

purposes of this Act;”;

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

“(iii-a) to get its budget estimates including revised budget

estimates prepared by the Member-Secretary of the Authority and

submit it to the Government for its approval;

(iii-b) to maintain its accounts in the manner, as may be

prescribed and get it audited by the Chartered Accountant who is the

member of the Institute of Chartered Accountants of India;

(iii-c) to establish and recognize Facilitation Centers (FC) and

Students Assistance Centers (SAC) to assist and guide students at

the CAP process;

(iii-d) to carry out any other ancillary functions;”;

(iii) for clause (iv), the following clauses shall be substituted,

namely:—

“(iv) redressal of grievances of the Stake-holders by providing

Grievance Redressal mechanism relating to admissions;

(v) to ensure systematic communication related to admissions

with the Stake-holders;”;

(2) sub-section (3) shall be deleted;

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

namely:—

“(5) (a) In carrying out its functions and duties under this Act, the Authority

and the Directorates, as well as every unaided institution shall follow the

following procedure, namely:—

(i) Every unaided institution shall submit, electronically the ‘admission

approval proposals’ to the concerned Directorate within fifteen days from

the cut-off date of admission.

Amendment

of section 8 of

Mah. XXVIII

2015.

Mah.

Ord.II of

2026.

Amendment

of section 9 of

Mah. XXVIII

of 2015.

महाराष्ट्रõ शासन रा

असाधारण भाग आठ, फेब्रुवारी २२,

२०२६/फाल्गुन ३, शके १

(ii) The concerned Directorate shall scrutinize and certify the

admission approval proposal including the discrepancies, if any, and

forward its recommendation to the Admissions Regulating Authority,

electronically, within fifty days from the date of receipt of the proposal

from such institution. A copy of the recommendation of Directorate shall

be sent to the concerned institution electronically.

(iii) Every such recommendation received from the Directorate by the

Admissions Regulating Authority and admission approval proposal, shall

be scrutinized and the decision of the Authority on such proposal shall be

taken before the 31st January of every academic year:

Provided that, the Admissions Regulating Authority, having regard

to the cut-off date for admission to a particular course of professional

education, as decided by the appropriate authority, from time to time, may,

after recording the reasons therefor, extend the date for its decision by

three months after 31st January of every academic year, at a time but in

any case, it shall not exceed beyond the end of that academic year of the

respective professional course.

(iv) The Admissions Regulating Authority shall inform its approval

to the concerned institution and the university at the earliest.

(v) Any grievance by the stake-holder may be filed before the

Admissions Regulating Authority and the Authority shall take decision

thereon at the earliest, and in any case before the end of that academic

year.

(vi) The Admissions Regulating Authority shall have power to review

its own decision, either on its own motion or on the application of a stake-

holder, after recording the reasons therefor; but no second review shall be

permissible.

(vii) Where the submission of admission approval proposal by

electronic mode is not possible in respect of any particular professional

course, the proposal with the prior approval of the Admissions Regulating

Authority may be filed physically.

(viii) Stake-holders aggrieved by the orders or the decision of the

Admissions Regulating Authority may file its Appeal to the Appellate

Authority, within fifteen days from the date of receipt of the order of the

Admissions Regulating Authority. The Appellate Authority shall dispose

of such appeal within thirty days from the date of receipt of such appeal

and the decision of the Appellate Authority thereon shall be final.

(b) No act or proceeding of the Admissions Regulating Authority shall be

deemed to be invalid by reason merely of any vacancy in, or any defect in the

constitution thereof.

its procedure regarding scrutiny of admission proposals and grievance redressal

mechanism as it deem fit.

(d) The Member-Secretary shall be the administrative head of the office

of the authority and shall exercise such other powers as may be entrusted to

him by regulations.

(6) The Admissions Regulating Authority may constitute enquiry

committees of officers and experts to verify and report to the Authority in respect

of admissions.

महाराष्ट्रõ शासन रा

असाधारण भाग आठ, फेब्रुवारी २२,

२०२६/फाल्गुन ३, शके १

(7) The number of the enquiry committees under sub-section (6) and the

meeting and other allowances to be payable to such members shall be such, as

may be specified by the Authority, from time to time.

(8) The Chairperson may invite,—

(i) the Registrar of any public University in the State of Maharashtra

as an invitee Member when the business of the Admissions Regulating

Authority pertaining to the professional courses concerned with that

University is transacted;

(ii) any person or officer from the field of Higher Education, Technical

Education, Information Technology, 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

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

10. For section 10 of the principal Act, the following shall be substituted,

namely:—

“Chapter III-A

MAHARASHTRA STATE COMMON ENTRANCE TEST CELL

10. (1) There shall be a “Maharashtra State Common Entrance Test Cell”

to exercise the powers conferred on, and discharge the functions assigned to it,

under this Act. The State CET Cell shall be a body corporate by the name

aforesaid having perpetual succession and common seal and shall have power

to acquire, hold, and dispose off property both movable and immovable, and to

do all things necessary for the purpose of this Act, and may sue or be sued by

its name.

(2) The State CET Cell shall consist of,—

(a) an officer not below the rank of

the Joint Secretary, deputed as the

Commissioner of State CET Cell by

the Government

........... Chairperson

(b) six officers not below the rank

of Deputy Director of the State

Government, in the fields of the

Medical, Technical, Agriculture,

Higher Education, Art, AYUSH

...........

Members.

(3) The appointment of Chairperson shall be made by the State Government

and that of Members under clause (b) of sub-section (2) shall be made by the

Director of Medical, Technical, Agriculture, Higher Education, Art and AYUSH,

respectively.

(4) A Chairperson or Member of the State CET Cell shall cease to be

Chairperson or Member, if he does any act which in the opinion of the State

Government or Director is unbecoming of a Chairperson or Member of the State

CET Cell.

(5) The Chairperson shall preside over the meetings of the State CET Cell

and may adopt its own procedure by regulations, as it deems fit.

10A. (1) Powers and Functions of the State CET Cell shall be,—

(a) to monitor and conduct the Common Entrance Test for admissions

to Unaided Professional Educational Institution in an efficient, transparent,

smooth and fair manner:

Substitution

of section

10 of Mah.

XXVIII 2015.

State

Common

Entrance Test

Cell.

Powers and

functions of

State CET

Cell.

महाराष्ट्रõ शासन रा

असाधारण भाग आठ, फेब्रुवारी २२,

२०२६/फाल्गुन ३, शके १

Provided that, the State Government may allow such admissions

through CET conducted by the authorities of the Central Government;

(b) to identify and empanel subject experts for setting CET examination

questions and their confidential operations;

Test in a fair manner, maintaining the required confidentiality. It shall

appoint examiners, evaluators, moderators and persons for assignment of

software development required for the conduct of examination, evaluation

and result processing, and also appoint persons as service providers

required for the conduct of the online or offline examination and shall

undertake printing of various documents, etc. It shall exercise financial

powers for execution of all activities related to conduct of CETs;

(d) to take all necessary measures for conducting the Common

Entrance Tests, adaptable, accountable, credible, error-free, student

friendly, secured, tamper proof, transparent and in efficient manner;

(e) to provide trainings, guidelines for testing team and invigilators;

(f) to establish and recognize Facilitation Centers (FC) and Students

Assistance Centers (SAC) to assist and guide students at the pre-exam

and CET;

(g) to establish Learning and Test Centers (LTCs) in the State for

conducting online CET at various locations;

(h) to provide for Grievance Redressal Mechanism relating to CETs;

(i) to prepare before 28th February of every year, its budget estimates

of the income and expenditure for next year;

(j) to consider the budget estimates prepared by it and submit them

to the Government for approval on or after the date referred in clause (i);

(k) to revise budget estimates as and when necessary and submit it

to the Government for approval;

(l) to maintain its accounts in such form and in such manner, as may

be prescribed;

(m) to get audited its accounts by the auditor who is member of the

Institute of Chartered Accountants of India;

(n) to furnish such reports, returns and statements, as may be required

by the Admissions Regulating Authority or the Government;

(o) to ensure the provisions of this Act, Rules and Regulations and

directions of the State Government, made thereunder, are followed

scrupulously.

(2) The Commissioner of the CET Cell may in an emergency,

take such action or decision as he deems fit required.

(3) The Commissioner of the CET Cell may invite any person who in his

opinion is an expert in the subject to attend its meeting, if the subject with

which the expert is likely to come up for discussion or consideration at such

meeting.

(4) The CET Cell may constitute such committees as it thinks necessary

for efficient performance of its functions. The number of the Members, its duties

and functions and allowances payable to the members for attending meetings

may be specified by the regulations.

(5) The CET Cell shall, subject to its budget approved by the Government,

exercise financial powers for execution of all activities related to conduct of

CET.

महाराष्ट्रõ शासन रा

असाधारण भाग आठ, फेब्रुवारी २२,

२०२६/फाल्गुन ३, शके १

(6) The CET Cell shall have such other powers and discharge such other

functions and conduct the examination in such manner as may be prescribed.

(7) Admission to every seat shall be made on the basis of merit secured at

the Common Entrance Test (CET) followed by Centralized Admission Process

of the State, subject to the reservation policy of the State:

Provided that the admission to institutional quota shall be in the manner

provided in the first proviso to clause (a) of section 4.”.

11. In section 11 of the principal Act,—

(1) in sub-section (3), for clause (a), the following clause shall be

substituted, namely :—

“(a) a retired Judge of District Court or

retired officer of the Government not below the

rank of Secretary

...

Chairperson”;

(2) in sub-section (4), after the words “by the Government” the words

“in the prescribed manner on the recommendation of the Selection

Committee” shall be added;

(3) after sub-section (7), the following sub-section shall be inserted,

namely:—

“(7A) The Member-Secretary shall be the administrative head of the office

of the authority and shall exercise such other powers, as may be entrusted to

him by regulations.”.

12. In section 13 of the principal Act,—

(1) in sub-section (1), after clause (v), the following clauses shall be added,

namely:—

“(vi) to lay down the norms for submission of fee proposals, from time

to time;

(vii) to advice the Government, on reference, if any made, relating to

fees.”;

(2) in sub-section (2), for clauses (ii) and (iii), the following clauses shall

be substituted, namely:-

“(ii) to evolve the mechanism for verification of infrastructure facilities

and amenities provided to students by the unaided private professional

educational institution;

(iii) to undertake measure for redressal of grievances relating to fees

and fees proposals;

(iv) to ascertain, verify and ensure that there is no profiteering in

collection of fees;”;

(3) sub-section (3) shall be deleted;

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

namely:—

“(5) The Fees Regulating Authority may constitute inspection

committees of officers and experts to verify and report to the Authority in

respect of the infrastructure facilities and amenities provided by the

institutions as against the fee recovered from the students.

Amendment

of section

11 of Mah.

XXVIII of

2015.

Amendment

of section

13 of Mah.

XXVIII of

2015.

महाराष्ट्रõ शासन रा

असाधारण भाग आठ, फेब्रुवारी २२,

२०२६/फाल्गुन ३, शके १

(6) The number of members of the inspection committee under sub-

section (5) and the meeting and other allowances to be payable to such

members shall be such as may be specified by the Authority, from time to

time.

(7) The Fees Regulating Authority shall have the right to cause an

inspection or inquiry to be made by such person or persons, as it may direct

of any unaided institution and its infrastructures, such as the buildings,

hostels, laboratories, libraries, equipment, teaching and other work

conducted by any such institution.

(8) The Authority, shall in every case, give due notice to the institution

of its intention to cause an inspection or inquiry to be made and the

institution shall be entitled to appoint a representative, who shall have

the right to be present and be heard of such inspection or inquiry.”.

13. For section 14 of the principal Act, the following section shall be

substituted, namely:—

“14. (1) In determining the reasonableness of fees structure, the

following provisions shall apply:—

(a) the Authority shall every year lay down the norms, for

submission of fees proposals by the Management of unaided

institutions and publish the same on its website well in advance;

(b) the Management of the unaided institution shall submit the

fee proposal in the formats specified by the Fees Regulating Authority

along with the certified copies of audited accounts of the immediately

preceding financial year, and the relevant record and evidence to the

Fees Regulating Authority for its approval not later than 31st October

of previous academic year. The proposal shall confirm to the norms

laid down under clause (a) :

Provided that, the Authority may, on sufficient cause being

shown, and subject to payment of costs, accept the fees proposal upto

31st December of the previous academic year ;

to the Fees Regulating Authority within the time-limit specified by

the Authority, the fees structure as approved by the Authority and

applicable during the previous academic year shall continue to apply

for the period of next academic year only;

(d) in the event of non-submission of fees proposals for two or

more successive academic years, the fees as approved by the Fees

Regulating Authority in the immediate past, shall be reduced by

twenty per cent. by the Authority;

(e) the Fees Regulating Authority shall establish scrutiny cell for

the scrutiny of proposals submitted and different scrutiny cells may

be established for different courses;

(f) after considering the report of the scrutiny cell and all other

relevant factors, the Fees Regulating Authority shall approve the fees

proposal within a period of one hundred and twenty days from the

date of receipt of the details of the proposed fees and communicate

the decision thereon to the management of the concerned institution;

Substitution

of section

14 of Mah.

XXVIII of

2015.

Procedure to

be adopted

by Fees

Regulating

Authority.

भााग आठ-३—२

महाराष्ट्रõ शासन रा

असाधारण भाग आठ, फेब्रुवारी २२,

२०२६/फाल्गुन ३, शके १

(g) if the decision of the Fees Regulating Authority on fee proposal

is not acceptable to the Management of the unaided institution, it

may file a review application with detail reasoning before the Fees

Regulating Authority for reviewing its decision, within fifteen days

from the date of communication of the decision to be reviewed. The

Fees Regulating Authority shall decide such review application before

the 31st March of the previous academic year and shall communicate

its decision to the concerned Management accordingly ;

(h) the Fees Regulating Authority may prescribe its procedure

regarding scrutiny of fees proposals and grievance redressal

mechanism as it deems fit.

(2) Pending the decision of the Fees Regulating Authority, the

institution shall, with the prior approval of the Authority, may collect the

interim or ad-hoc fee, as the case may be, till the final determination on

the fees proposal.

(3) If an institution intends to apply the fees prescribed by the Fees

Regulating Authority for the previous academic year to the students

studying in the current academic year without any changes, it may be

permitted to do so with the approval of the Fees Regulating Authority, but

the institution must submit such a proposal to the Fees Regulating

Authority in a timely manner.

(4) The Fees Regulating Authority shall indicate the different heads

under which the fees may be levied and collected.

(5) (a) Every unaided institution shall display on its notice board and

on its website, the course-wise and head-wise fees (including interim fees

and ad-hoc fees, as the case may be) as approved by the Fees Regulating

Authority in Marathi and English ;

(b) In case of linguistic minority institutions, the display shall also be

in the language of the minority to which such, institution belongs ;

institution.

(6) (a) No institution shall collect fees amounting to more than one

year fees from a candidate in an academic year ;

(b) The collection of fees for more than one year in an academic year

shall be construed as collection of capitation fee and such institution shall

be liable to be proceeded against in accordance with the provisions of the

Maharashtra Educational Institutions (Prohibition of Capitation Fee) Act,

1987 and this Act ;

the opinion after an enquiry that, any institution has charged fees in excess

of the fees approved by the Authority such Institution shall be liable to

return to such student such excess fees and shall also be liable for the

penalty as provided in this Act :

Provided that, where the complainant is the repeater or ex- student

of the institution, no such complaint shall be entertained by the authority

after the expiry of a period of one year if such complainant has left the

instution.

(7) No institution shall withhold mark-sheet, transfer certificate or

any other document required by the student for pursuing his

studies, without disclosing him reasons in writing.

Mah. VI

of 1988.

महाराष्ट्रõ शासन रा

असाधारण भाग आठ, फेब्रुवारी २२,

२०२६/फाल्गुन ३, शके १

(8) The fees approved and communicated by the Fees Regulating

Authority shall be applicable in respect of the student who is admitted to

the unaided institution in that academic year and shall not be revised till

the completion of the course of such student in the concerned institution :

Provided that, an unaided institution may, with the prior approval of

the Fees Regulating Authority, revise the fees in respect of the second or

subsequent year, on the grounds such as revision in taxes, sudden revision

in regular expenditure, etc.

14. After section 15 of the principal Act, the following shall be inserted,

namely :—

“Chapter IV-A

APPELLATE AUTHORITY

15A. (1) There shall be an Appellate Authority to decide the appeals

arising out of the orders or the decisions of the Admission Regulating Authority

and Fees Regulating Authority and to discharge the functions assigned to it,

under this Act.

(2) The State Government may, by notification in the Official Gazette,

constitute an Appellate Authority. The said Authority shall be a body corporate

by the name aforesaid having perpetual succession and common seal and shall

have power to do all things necessary for the purposes of this Act.

(3) The Appellate Authority shall consist of,—

(a) a retired Judge of High Court or

retired officer of the Government

not below the rank of Additional

Chief Secretary

......

Chairperson

(b) a Chartered Accountant of repute

who is a member of the Institute of

Chartered Accountants of India, for

a period of not less than ten years

......

Member

a Member of the Institute of Cost

and Works Accountants of India,

for a period of not less than ten

years

......

Member

(d) an expert of repute from the field

of Professional Education

......

Member

(e) an officer of Technical Education

Department

......

Member-

Secretary.

(4) The appointment of Chairperson and Members of Appellate Authority

under clauses (a), (b), (c) and (d) of sub-section (3) shall be made by the State

Government on the recommendation of the Selection Committee.

(5) The Member-Secretary of the Appellate Authority shall be appointed

by deputation of an officer not below the rank of Deputy Director from Technical

Education Department.

(6) No person who is associated with any private aided or unaided

Professional Educational Institution shall be eligible for being Chairman or a

Member or experts of the Appellate Authority.

Insertion of

CHAPTER

IV-A in Mah.

XXVIII of

2015.

Appellate

Authority.

भााग आठ-३—३

महाराष्ट्रõ शासन रा

असाधारण भाग आठ, फेब्रुवारी २२,

२०२६/फाल्गुन ३, शके १

(7) A Chairperson or Member of the Appellate Authority shall cease to be

Chairperson or Member, if he does any act which in the opinion of the State

Government is unbecoming of a Chairperson or Member of the Appellate

Authority.

(8) The Chairperson shall preside over the meetings of the Appellate

Authority and may adopt its own procedure by regulations, as it deems fit.

(9) No act or proceeding of the Appellate Authority shall be deemed to be

invalid by reason merely of any vacancy in, or any defect in the constitution

thereof.

(10) The provisions of section 8 shall mutatis mutandis apply in respect

of the term of office and conditions of service of Chairperson and Members of

the Appellate Authority.

(11) The Government shall provide the staff for smooth functioning of the

Appellate Authority.

(12) All the expenses of the Appellate Authority shall be incurred from

the funds of Fees Regulating Authority.

15B. (1) The powers and functions of the Appellate Authority shall be,—

(a) to decide the appeal of the stake holders and final approval thereof.

(b) to prescribe its procedure for deciding an appeal on the order and

decisions of Admissions Regulating Authority and Fees Regulating

Authority, as it deems fit.

(2) In the discharge of its functions under sub-section (1) and for the

purpose deciding appeal under this Act, the Appellate Authority shall have all

the powers of a Civil Court under the Code of Civil Procedure, 1908 while trying

a suit, in respect of the following matters, namely :—

(i) the summoning and enforcing the attendance of any witness and

examining him on oath:

(ii) the discovery and production of any document;

(iii) the reception of evidence on affidavits;

(iv) the issue of commission for the examination of the witness.

(3) A stake-holder aggrieved by the orders and decision of Admissions

Regulating Authority or Fees Regulating Authority may, file an appeal to the

Appellate Authority, within fifteen days from the receipt of the order of the

Admissions Regulating Authority or Fees Regulating Authority. The Appellate

Authority shall dispose off such appeal within thirty days from the date of

receipt of such appeal and the decision of the Appellate Authority thereon shall

be final.”.

15. For section 16 of the principal Act, the following shall be substituted,

namely :—

“Chapter IV-B

FUNDS OF REGULATING AUTHORITIES AND CET CELL

16. (1) There shall be a separate fund for each of the Regulating Authority

and CET Cell.

(2) The fund of the said authorities and CET Cell shall consists of,—

(i) processing fees payable by a Private Professional Educational

Institution;

Powers and

functions of

Appellate

Authority.

Substitution

of section

16 of Mah.

XXVIII of

2015.

Funds of

Regulating

Authorities

and CET Cell.

5 of

1908.

महाराष्ट्रõ शासन रा

असाधारण भाग आठ, फेब्रुवारी २२,

२०२६/फाल्गुन ३, शके १

(ii) interest on deposit;

(iii) grants from the State Government, Central Government and the

University Grants Commission and other Institutions (if any);

(iv) any other moneys including fees, royalties, penalties levied and

collected service charges, etc., which may be received by the Regulating

Authority and CET Cell.

(3) (i) The Regulating Authorities and the CET Cell may charge processing

fees and charges for fixation of fees and processing fees for conducting CET,

etc., as may be decided, from time to time by the Authorities and the CET Cell.

(ii) The processing fees for every year may be decided by the concerned

authorities and the CET Cell by considering their day to day expenditure

including salaries, allowances, administrative expenses, honorarium,

infrastructural needs and any other activity in pursuance of its functions.

(4) The concerned authorities and the CET Cell shall open separate bank

account in nationalized bank and meet their expenses from the receipts.”.

16. For section 17 of the principal Act, the following section shall be

substituted, namely :—

“17. (1) The Regulating Authorities and the CET Cell shall maintain

their respective accounts based on the mercantile system of accounts.

(2) The accounts of the Regulating Authorities and the CET Cell shall

be maintained in such form, as may be prescribed.”.

17. Section 18 of the principal Act shall be re-numbered as sub-section

(1) thereof, and,—

(1) in sub-section (1) as so re-numbered, after the words “Regulating

Authorities” the words “and the CET Cell” shall be inserted;

(2) after sub-section (1), as so re-numbered, the following sub-section

shall be added, namely :—

“(2) Without prejudice to the provisions of sub-section (1), the

annual accounts of the Regulating Authorities and the CET Cell shall

be audited by a Member of the Institute of Chartered Accountants of

India appointed by the respective Authorities and the CET Cell.”.

18. In section 19 of the principal Act,—

(1) in the marginal note, after the words “Regulating Authorities” the

words “and CET Cell” shall be added ;

(2) after the words “Regulating Authorities” the words “and the CET

Cell” shall be inserted.

19. In section 20 of the principal Act,—

(1) in sub-section (1), for clauses (a) and (b), the following clauses shall

be substituted, namely:-

“ (a) for the first contravention, which shall not be less than three

lakh rupees or twice the amount taken in excess of the fees as

determined under this Act, whichever is higher;

(b) for the second or subsequent contravention, which shall not

be less than fifteen lakh rupees or thrice the amount taken in excess

of the fees as determined under this Act, whichever is higher.”;

Substitution

of section 17 of

Mah. XXVIII

of 2015.

Maintenance

of accounts.

Amendment

of section

18 of Mah.

XXVIII of

2015.

Amendment

of section

19 of Mah.

XXVIII of

2015.

Amendment

of section

20 of Mah.

XXVIII of

2015.

भााग आठ-३—३अ

महाराष्ट्रõ शासन रा

असाधारण भाग आठ, फेब्रुवारी २२,

२०२६/फाल्गुन ३, शके १

(2) in sub-section (3), after the words “shall be cognizable” the words

“and with leave of the court, be compoundable” shall be added:

(3) after sub-section (3), the following sub-section shall be inserted,

namely :—

“(3A) No court shall take cognizance of an offence punishable

under this Act, except upon a complaint in writing made by the

Authority or by any officer of duly authorized by the Authority for

this purpose.”.

20. After section 20 of the principal Act, the following sections shall be

inserted, namely :—

“ 20A. (1) There shall be a Selection Committee to recommend the

suitable names of the Chairperson and Members of the Admissions

Regulating Authority, Fees Regulating Authority and Appellate Authority

to the State Government and discharge the functions assigned to it, under

this Act.

(2) The Selection Committee shall consist of.—

(a) Chief Secretary,

Government of

Maharashtra

........

Chairman

(b) Additional Chief Secretary

or Principal Secretary,

General Administration

Department

........

Member

or Principal Secretary or

Secretary, Higher and

Technical Education

Department

........

Member

(d) Additional Chief Secretary

or Principal Secretary or

Secretary, Medical

Education and Drugs

Department

........

Member

(e) Principal Secretary and

Remembrancer of Legal

Affairs, Law and Judiciary

Department

........

Member.

(3) Procedure to be followed by the Selection Committee.— (i) The State

Government shall make a reference to the Selection Committee for appointment

of the Chairperson and Members of the Authority or when any vacancy in the

office of the Chairperson or Member arises or likely to arise in the Authority.

The Selection Committee may, for the purpose of selection of the

Chairperson or Member of the Authority, follow such procedure as it may as

deem fit.

(ii) The Selection Committee shall make a recommendation to the State

Government for the consideration in the form of a panel of not more than three

persons separately to fill the vacancy or vacancies referred to by the State

Government.

Insertion of

new section

20A in Mah.

XXVIII of

2015.

Selection

Committee.

महाराष्ट्रõ शासन रा

असाधारण भाग आठ, फेब्रुवारी २२,

२०२६/फाल्गुन ३, शके १

(iii) The Selection Committee shall make its recommendations to the State

Government, within a period not exceeding thirty days from the date of reference

made under clause (i).

(iv) The notice or agenda, as the case may be, for the meeting of the

Selection Committee shall be issued by the convener after fixing the date and

venue for such meeting in consultation with the Chairperson of the Selection

Committee.

(v) The Secretary of the Higher and Technical Education Department shall

be the convener of the Selection Committee.

(vi) The State Government shall consider the recommendations of the

Selection Committee for the appointment of the Chairperson and Members of

the Authority or to fill the vacancy.”.

21. In section 21 of the principal Act, after the words “office of the

authorities” the words “and CET Cell” shall be inserted.

22. After section 21 of the principal Act, the following sections shall be

inserted, namely,—

“21A. An ex-officio Member of the Regulating Authority, who is

unable to attend the meeting of the Authority, due to his official work, may

authorize his immediate subordinate to attend such meeting and inform

the concerned member-secretary of such authorization in advance.

21B. The terms and conditions of service of the employees appointed

by the Government and deputed to the Regulating Authorities, or, as the

case may be, the CET Cell shall be such, as are applicable to the Government

servants:

Provided that, the Regulating Authority may, by order, grant

additional benefits to such Government servants, as it may deem fit.

21C. The Chairperson and Members of the Authorities, Officers and

Employees of the Regulating Authorities and the CET Cell shall, when

acting or purporting to act in pursuance of the provisions of this Act, be

deemed to be public servants within the meaning of clause (28) of section

2 of the Bhartiya Nyaya Sanhita, 2023.

21D. In case of any dispute or difference of opinion between the

Admissions Regulating Authority or the CET Cell, as to whether a

particular matter pertains to the Regulating Authority or the CET Cell,

the matter shall be referred by the Competent Authority, to the Secretary-

in-charge of the Higher and Technical Education Department, whose

decision thereon shall be final.

21E. In case of any difference of opinion, between the Regulating

Authorities, as to whether a particular matter pertains to the Admissions

Regulating Authority or the Fees Regulating Authority, the matter shall

be referred, by either Member-Secretary to the Secretary-in-charge of the

Higher and Technical Education Department, whose decision thereon shall

be final.”.

Amendment

of section

21 of Mah.

XXVIII of

2015.

Insertion of

new sections

21A to 21E in

Mah. XXVIII

of 2015.

Attendance

of ex-officio

members.

Appointment

of Government

employees on

deputation.

Chairperson,

Members and

Officers, etc,

to be public

servants.

45 of

2023.

Dispute or

difference

between

Admissions

Regulating

Authority and

CET Cell.

Difference

of opinion

between

Regulating

Authorities.

महाराष्ट्रõ शासन रा

असाधारण भाग आठ, फेब्रुवारी २२,

२०२६/फाल्गुन ३, शके १

23. In section 22, for the words “Regulating Authorities” the words

“Regulating Authorities, Appellate Authority and the CET Cell” shall be

substituted.

24. After section 22 of the principal Act, the following section shall be

inserted, namely :—

“22A. All Professional Education Institutions shall render such help

and assist the Regulating Authorities, Appellate Authority and CET Cell

as may require to them to perform and discharge their duties and functions

under this Act.”.

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

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

occasion arises, by an order published in the Official Gazette, do anything not

inconsistent with the provisions of this Ordinance, which appears to it to be

necessary or expedient for removing the difficulty.

(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.

Amendment

of section

22 of Mah.

XXVIII of

2015.

Insertion of

new section

22A of Mah.

XXVIII of

2015.

Duties of and

assistance

from

Professional

Education

Institutions.

Power to

remove

difficulty.

महाराष्ट्रõ शासन रा

असाधारण भाग आठ, फेब्रुवारी २२,

२०२६/फाल्गुन ३, शके १

STATEMENT

The Maharashtra Unaided Private Professional Educational Institutions

(Regulation of Admissions and Fees) Act, 2015 (Mah. XXVIII of 2015), has been

enacted to provide for the regulation of admissions and fees by Unaided Private

Professional Educational Institutions in the State of Maharashtra. The said

Act provides to constitute Authorities for regulating the admissions and fees

in unaided Private Professional Educational Institution and conduct of

Centralised Admission Process through Common Entrance Test.

2. Some difficulties were faced while implementing the said Act, therefore,

it was considered necessary to undertake review of the provisions of the Act.

After such review, the Government considers it expedient to suitably amend

various sections of the said Act.

3. The salient features of the amendments are as follows :—

(i) to provide applicability of the said Act, to admissions in Government,

Government aided professional educational institutions and professional

courses;

(ii) to amend section 6 with a view to allocate seats in the unaided

institutions to the students covered by the Maharashtra State Reservation

for Socially and Educationally Backward Classes Act, 2024 (Mah. XVI of

2024) ;

(iii) to insert new section 6A with a view to provide manner of

admission in Government, Government aided professional educational

institutions and professional courses;

(iv) to amend section 8 with a view to provide the term of office of the

Chairperson and member shall be of three years or until he attains the

age of 70 years, whichever is earlier and he shall be eligible for re-

appointment for only one more term of three years;

(v) to substitute section 10 with a view to provide for constitution,

powers and functions of the CET Cell.

(vi) to amend section 13 with a view to empower the Fees Regulating

Authority to cause an inspection of enquiry of the unaided institutions, so

as to ascertain the charging of fees by such institutions is reasonable and

just ;

(vii) to substitute section 14 with a view to provide for procedure to

be adopted by the Fees Regulating Authority,

(viii) to insert Chapter IV-A with a view to provide provisions for

constitution of Appellate Authority to make an appeal against decision of

Admissions Regulating Authority regarding admissions and Fees

Regulating Authority on fees proposal ;

(ix) to insert Chapter IV-B with a view to provide provisions relating

to funds for regulating authorities and CET cell ;

(x) to amend section 20 with a view to enhance the penalties for

contravention of any of the provisions of the said Act ;

(xi) to insert new section 20A with a view to constitute a Selection

Committee to recommend the suitable names of the Chairperson and

Members of the Authorities to the State Government ;

(xii) to insert new sections 21A, 21B, 21C, 21D and 21E with a view

to ensure smooth functioning of the Regulating Authorities and CET Cell.

महाराष्ट्रõ शासन रा

असाधारण भाग आठ, फेब्रुवारी २२,

२०२६/फाल्गुन ३, शके १

4. 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 further to amend the Maharashtra

Unaided Private Professional Educational Institutions Regulation of Admissions

and Fees) Act, 2015, for the purposes aforesaid, this Ordinance is promulgated.

Mumbai,

ACHARYA DEVVRAT,

Dated the 21st February 2026.

Governor of Maharashtra.

By order and in the name

of the Governor of Maharashtra,

B. VENUGOPAL REDDY,

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.