The Maharashtra Marathi Bhasha Vidyapeeth Act, 2023
Chapter XI MISCELLANEOUS
Chapter XI MISCELLANEOUS
80. Authorities and officers responsible for damage.
- (1) It shall be the duty of every authority or body and officer of the university including the employees thereof to ensure that the interests of the university are duly safeguarded.
- (2) If it is found that any damage or loss has been caused to the university by any action on the part of any authority or body or officer of the university including the employees thereof, not in conformity with the provisions of this Act, Statutes, Ordinances or Regulations, except when done in good faith, or any failure so as to act in conformity thereof, by wilful neglect or default on its or his part, such damage or loss shall be liable to be recovered from the authority or body or the concerned members thereof, jointly or severally, or from the officer concerned, as the case may be, in accordance with the procedure prescribed in the Statutes.
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81. Teacher or non-teaching employee of a university not be disqualified.
- (1) A teacher or a non-teaching employee of the university not be disqualified for continuing as such teacher or a non-teaching employee merely on the ground that he has been elected or nominated as a member of the Legislative Assembly or of the Legislative Council of the State or of the Parliament.
- (2) A teacher or a non-teaching employee of the university elected or nominated as a member of the Legislative Assembly or of the Legislative Council of the State, or of the Parliament, shall be entitled to treat the period of his membership of the Legislative Assembly or of the Legislative Council or of the Parliament as on leave without salary and allowances.
- (3) A teacher or a non-teaching employee referred to in sub-section (2) shall also be entitled to count the period of his membership of the Legislative Assembly or of the Legislative Council or of the Parliament for the purposes of pension, seniority and increments.
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82. Questions regarding interpretation and disputes regarding constitution of university authority or body, etc.
If any question arises regarding the interpretation of any provision of this Act, or of any Statutes, Ordinances, or Regulations, or rules, or whether a person has been duly appointed or nominated as a member or is entitled to be a member of any authority or body of the university, the matter may, be referred, on petition by any person or body directly affected or suo motu by the Vice-Chancellor through the Board of Management to the Chancellor, who shall after taking such advice as he thinks necessary, decide the question and his decision shall be final: Provided that, such reference shall be made by the Vice-Chancellor upon a requisition signed by not less than one-fourth members of the Board of Management.
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83. Protection of acts and orders.
All acts and orders done or passed in good faith by the university or any of its officers, authorities or bodies, shall subject to the other provisions of this Act, be final; and accordingly, no suit or other legal proceedings shall be instituted against, or maintained, or damages claimed from the university or its officers, authorities or bodies for anything done or passed, or purporting to have been done or passed in good faith and in pursuance of the provisions of this Act and the Statutes, Ordinances and Regulations.
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84. Delegation of powers.
Subject to the provisions of this Act and the Statutes, any officer or authority of the university may, by order, delegate his or its powers, except the power to make Statutes, Ordinances and Regulations to any other officer or authority under his or its control, and subject to the condition that the ultimate responsibility for the exercise of the powers so delegated shall continue to vest in the officer or authority delegating them.
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85. Acts and proceedings not invalid merely on ground of defect in constitution, vacancies, irregularity in procedure, etc.
No act or proceeding of the Board of Management or the Academic Council or any other authority or body or committee of the university shall be deemed to be invalid at any time merely on the ground that,-
- (a) any of the members of any such authority, body or committee are not elected, appointed or nominated or for any other reason are not available to take office at the time of the constitution or to attend any meeting thereof or any person is a member in more than one capacity or there is any other defect in the constitution thereof or there are one or more vacancies in the offices of members thereof;
- (b) there is any irregularity in the procedure of any such authority, body or committee not affecting the merits of the matter under consideration, and the validity of such act or proceeding shall not be questioned in any court or before any authority or officer merely on any such ground.
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86. Power of State Government to appoint a Commission to cause an inquiry in respect of certain matters connected with university.
- (1) The Government may, at any time, after the commencement of this Act, by an order published in the Official Gazette, constitute a Commission consisting of a Chairman and such other members not exceeding five, as the Government may appoint, and such order shall also specify the procedure to be followed by the Commission.
- (2) The Commission constituted under sub-section (1) shall inquire into, and make a report on,-
- (a) the working of the university with special reference to quality and relevance of courses of studies and instructions;
- (b) the financial position of the university;
- (c) the suitability of the provisions of this Act or the Statutes, Regulations, Ordinances and rules with a view to bring about improvements in the affairs of the university; and
- (d) such other matters as may be referred to it by the Government and make such recommendations to the Government as it thinks fit.
- (3) The State Government shall, in every case, give notice to the university of its intention to cause an inquiry to be made and the university shall be entitled to be represented at such inquiry.
- (4) The State Government shall communicate to the university its views with reference to the result of such inquiry and may, after ascertaining the opinion of the university thereon, advise the university upon the action to be taken and fix a timeline for taking such action.
- (5) The university shall, within the time limit so fixed, report to the State Government, the action taken or proposed to be taken on the advice tendered by it.
- (6) If the university does not take any action within the time specified in sub-section (4) or if the action taken by the university is, in the opinion of the Government is not satisfactory, the Government may, after considering any explanation offered or representation made by the university, issue such directions as it may deem fit and the university shall comply with such directions.
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