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Maharashtra Unaided Private Professional Educational Institutions (Regulation of Admissions and Fees) Act, 2015

Chapter III ADMISSIONS REGULATING AUTHORITY

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Chapter III ADMISSIONS REGULATING AUTHORITY

7. Constitution of Admissions Regulating Authority and its functions

Statutory text
  1. (1) There shall be an Authority to be known as “the Admissions Regulating Authority” to exercise the powers conferred on, and discharge the functions assigned to it, under this Act.
  2. (2) The State Government may, by notification in theOfficial Gazette, constitute the Authority under sub-section (1). The said Authority 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.
  3. (3) The authority shall consist of,—
    • (a) a retired Judge of High Court or retired officer of the Government of the rank of Chief Secretary ..Chairperson
    • (b) an eminent educationist who has worked as Vice-Chancellor of University ..Member
    • (c) an expert of repute from the field of Professional Education ..Member
    • (d) the Registrar, Maharashtra University of Health Sciences, Nashik ..Member
    • (e) the Director of Technical Education ..Member
    • (f) the Director of Higher Education ..Member
    • (g) the Member-Secretary of the Maharashtra Council of Agricultural Education and Research ..Member
    • (h) the Commissioner of State CET ..Secretary.
  4. (4) The appointment of Chairperson and of members under clauses (a),
    • (b) and
    • (c) of sub-section
  5. (3) shall be made by the State Government.
  6. (5) No person who is associated with any private aided or unaided Professional Educational Institution shall be eligible for being a member of Admissions Regulating Authority.
  7. (6) A member of the Admissions Regulating Authority shall cease to be so, if he does any act which in the opinion of the State Government is unbecoming of a member of the Authority.
  8. (7) The Chairperson shall preside over the meetings of the Admissions Regulating Authority and the authority may adopt its own procedure by regulations, as it deem fit.
  9. (8) 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.

Chapter III ADMISSIONS REGULATING AUTHORITY

8. Term of Office and Conditions of Service of Chairperson and members of Admissions Regulating Authority

Statutory text
  1. (1) The term of Office of the Chairperson and members of the Admissions Regulating Authority, shall be of five years from the date of their nomination and in the case of any vacancy arising earlier for any reason, such vacancy shall be filled for the reminder period of the term.
  2. (2) The Chairperson and members of the Admissions Regulating Authority shall not be eligible for re-appointment.
  3. (3) The Chairperson or a Member may resign from the office in writing addressed to the Government and on such resignation being accepted, his office shall become vacant and the vacancy may be filled in within a period of three months from the date of occurrence of the vacancy.
  4. (4) The Chairperson or a Member of the Admissions Regulating Authority may be removed, if he does any act which, in the opinion of the Government, is unbecoming of the Chairperson or a Member of such Authority. The Chairperson or a Member so removed shall not be eligible for re-appointment on such Authority: Provided that, no Chairperson or Member may be removed from the Admissions Regulating Authority without giving him a reasonable opportunity of being heard.
  5. (5) The salaries and allowances to be paid to the Chairperson and members of the Admissions Regulating Authority shall be such as may be notified, either prospectively or retrospectively, by the Government, from time to time.
  6. (6) A person shall be disqualified for appointment as the Chairperson or Member of the Admissions Regulating Authority, if such person,—
    • (i) is holding any office, post or is in any way directly or indirectly connected or associated with any unaided institution;
    • (ii) has been convicted and sentenced to imprisonment for an offence which, in the opinion of the Government, involves moral turpitude;
    • (iii) is an undischarged insolvent;
    • (iv) is of unsound mind and stands so declared by a Competent Court;
    • (v) has been removed or dismissed from the service of the Government or a body corporate owned or controlled by the Government;
    • (vi) has, in the opinion of the Government such financial or other interest as is likely to affect prejudicially the perforamance of the functions and the discharge of his duties as such Chairperson or a Member; or
    • (vii) has such other disqualifications as may be prescribed.
  7. (7) The other terms and conditions of service of the Chairperson and the members shall be such as may be prescribed.

Chapter III ADMISSIONS REGULATING AUTHORITY

9. Functions, powers and procedure of Admissions Regulating Authority

Statutory text
  1. (1) The functions of the Admissions Regulating Authority shall be, —
    • (i) conducting and monitoring CET through CET Cell established under this Act;
    • (ii) verification of admission proposals and final approval thereof;
    • (iii) cancellation of admission if found contrary to the provisions of this Act;
    • (iv) redressal of grievances from the Stake-holders.
  2. (2) The Admissions Regulating Authority, for the purpose of exercise of its functions under thisAct, shall have the following powers, namely: —
    • (i) to adjudicate the dispute amongst the Stake-holders regarding admission of the students in the unaided institutions;
    • (ii) to prescribe its own procedure regarding scrutiny of admission proposals and grievance redressal mechanism as it deem fit;
    • (iii) to declare that the admission process of the unaided institution that is unfair, non-transparent and exploitative and therefore invalid, after giving a reasonable opportunity of being heard to those who are likely to be adversely affected by the decision of the Authority;
    • (iv) to recommend to the concerned affiliating University, Board or such other authority for withdrawal of affiliation or recognition of the Institution for admissions those are made in contravention of this Act.
  3. (3) Notwithstanding anything contained in sub-sections
  4. (1) and
  5. (2) the Pravesh Niyanttran Samiti existing on to the date of commencement of this Act shall continue to exercise the powers of the Admissions Regulating Authority till such Authority is duly constituted under this Act.
  6. (4) In the discharge of its functions, and, for the purpose of making any inquiry under this Act, the Admissions Regulating 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.
  7. (5) In carrying out its functions under thisAct, the Authority and every unaidedInstitution shall follow the following procedure, namely: —
    • (i) every unaided institution shall submit the ‘ admission-approval proposals ’ to the concerned Directorate within fifteen days from the cut-off date of admission;
    • (ii) every institution shall submit such proposal certified by the concerned Directorate to the Admissions Regulating Authority within two months from the date of such certification;
    • (iii) every such proposal received from the Institution by Admissions Regulating Authority shall be scrutinized and approved before the 31st January of every year;
    • (iv) any grievance regarding admission may be admitted before the Authority and shall be decided within a fortnight and before the cut-off date for admission;
    • (v) the Admissions Regulating Authority shall have power to review its own order after recording the reasons therefor;
    • (vi) 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;
    • (vii) the Admissions Regulating Authority shall by regulations, prescribe its procedure regarding scrutiny of admission proposals and grievance redressal mechanism as it deem fit.

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