Vidhi Codex

section 9

Functions, powers and procedure of Admissions Regulating Authority

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