Vidhi Codex

section 147

Repeal and savings.

The Maharashtra Public Universities Act, 2016
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Chapter XVI TRANSITORY PROVISIONS

Statutory text
  1. (1) On and from the date of commencement of this Act, the Maharashtra Universities Act, 1994 (Mah. XXXV of 1994) shall stand repealed.
  2. (2) Notwithstanding the repeal of the said Act,-
    • (a) any person holding office immediately before the commencement of this Act as Vice-Chancellor of the university shall, on such commencement, continue to hold the said office till his term of office as Vice-Chancellor of that university would have expired had he continued to be as such unless he ceases to be the Vice-Chancellor by reason of death, resignation or otherwise before the expiry of his term of office as aforesaid and shall exercise all the powers and perform all the duties conferred and imposed on the Vice-Chancellor of the respective university by or under this Act;
    • (b) all colleges which stood affiliated to the university immediately before the commencement of this Act, shall be deemed to be affiliated to that university under this Act till their affiliation is withdrawn by that university under this Act;
    • (c) all other educational institutions which were entitled to any privileges of the university shall be entitled to similar privileges of that university;
    • (d) all property, movable or immovable, and all rights, interest of whatsoever kind, powers and privileges of the university shall stand transferred to and shall, without further assurance, vest in, that university and be applied to the objects and purposes for which that university is constituted;
    • (e) all benefactions accepted or received by the university and held by it immediately before the commencement of this Act, shall be deemed to have been accepted or received or held by that university under this Act, and all the conditions on which such benefactions were accepted or received or held shall be deemed to be valid under this Act, notwithstanding that such conditions may be inconsistent with any of the provisions of this Act;
    • (f) all debts, liabilities and obligations incurred before the commencement of this Act, and lawfully subsisting against the university, shall be discharged and satisfied by that university;
    • (g) any will, deed or other document made before the commencement of this Act, which contains any bequest, gift, term or trust in favour of the university shall be deemed to have been made thereunder and for the purposes of this Act in favour of that university;
    • (h) all references in any enactment or other instruments issued under any enactment to the university before the commencement of this Act, shall be deemed to have been construed under and for the purposes of this Act;
      • (i) the appointment of examiners validly made under the said Act and subsisting immediately before the commencement of this Act, shall be deemed to have been made under and for the purposes of this Act for the respective university, and such examiners shall continue to hold office and to act until fresh appointments are made under this Act;
    • (j) the teachers, who were recognized teachers of the university under the said Act immediately before the commencement of this Act, shall be deemed to be recognized teachers of that university under and for the purposes of this Act and shall continue to be such recognized teachers until fresh recognitions are granted under this Act;
    • (k) the registered graduates, whose names were entered in the register of graduates maintained by the university immediately before the commencement of this Act, shall be deemed to be the registered graduates of that university under and for the purposes of this Act and the register so maintained and the registered graduates whose names are so entered therein, shall continue to be the register maintained by that university, and the registered graduates to be the registered graduates of that university;
    • (l) all Statutes and Ordinances made under the said Act in respect of the university shall, in so far as they are not inconsistent with the provisions of this Act, continue to be in force and be deemed to have been made under this Act in respect of that university, until they are superseded or modified by the Statutes or Ordinances, as the case may be, made under this Act;
    • (m) all Regulations made under the said Act in respect of the university shall, in so far as they are not inconsistent with the provisions of this Act, continue to be in force and be deemed to have been made under this Act by the that university, until they are superseded or modified by the Regulations, made under this Act;
    • (n) a standard code, if any, prescribed under the said Acts shall be deemed to have been prescribed under this Act and shall, save as otherwise provided by or under this Act, continue to remain in force, until it is superseded in accordance with the provisions of this Act;
    • (o) all notices and orders made or issued by any authority under the said Act or by the State Government shall, in so far as they are not inconsistent with the provisions of this Act, continue to be in force and be deemed to have been made or issued by that authority or by the State Government until they are superseded or modified under this Act;
    • (p) the Tribunal constituted under the said Act and existing on the date of commencement of this Act shall continue to function as such under this Act and all the disputes or matters or appeals pending before such Tribunal shall be dealt with and disposed of by such Tribunal: Provided that, no Statutes, Ordinances, Regulations, Notices or orders made or issued under the said Act, repealed by this section and in force immediately before the commencement of this Act, shall be deemed to be inconsistent with the provisions of this Act by reason only that the power to make or issue such Statute, Ordinance, Regulation, Notice or Order under this Act vests in a different authority or body or officer, or that the subject matter thereof is permissible only under a different form of subordinate legislation or instrument to be made, under this Act.

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