Vidhi Codex

section 15A

Appellate Authority

Maharashtra Unaided Private Professional Educational Institutions (Regulation of Admissions and Fees) Act, 2015
Education201537 sections10 chapters
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Chapter IV-A 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.

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