Vidhi Codex

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

Chapter IV-A APPELLATE AUTHORITY

Education201537 sections10 chapters
Read full ActSections

Chapter IV-A APPELLATE AUTHORITY

15A. Appellate Authority

Statutory text
  1. (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. (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. (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
    • (c) a Cost Accountant of repute who is 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. (4) The appointment of Chairperson and Members of Appellate Authority under clauses (a), (b),
    • (c) and
    • (d) of sub-section
  5. (3) shall be made by the State Government on the recommendation of the Selection Committee.
  6. (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.
  7. (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.
  8. (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.
  9. (8) The Chairperson shall preside over the meetings of the Appellate Authority and may adopt its own procedure by regulations, as it deems fit.
  10. (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.
  11. (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.
  12. (11) The Government shall provide the staff for smooth functioning of the Appellate Authority.
  13. (12) All the expenses of the Appellate Authority shall be incurred from the funds of Fees Regulating Authority.

Chapter IV-A APPELLATE AUTHORITY

15B. Powers and functions of Appellate Authority

Statutory text
  1. (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. (2) In the discharge of its functions under sub-section
  3. (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.
  4. (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.

PDF: pending for this language.