Chapter V MISCELLANEOUS

The Competent Authority and the Appellate Authority shall have, for the purposes of discharging their functions under this Act, the same powers as are vested in the Civil Court under the Code of Civil Procedure, 1908 (5 of 1908), while trying a suit in respect of the following matters, namely :-

1. (i) summoning and enforcing the attendance of the complainant, students and representatives of the Educational Institutions and examining them on oath ;
2. (ii) requiring the discovery and production of documents ;
3. (iii) receiving evidence on affidavits ;
4. (iv) requisitioning, subject to the provisions of sections 123 and 124 of the Indian Evidence Act (1 of 1872), any public record or document or copy of such record or document from any office ;
5. (v) issuing commissions for the examination of witnesses or documents ;
6. (vi) reviewing their own decisions;
7. (vii) any other matter which may be prescribed.

1. (1) Every Educational Institution shall follow the self-imposed discipline required under the Advertising Council of India Code for self-regulation in advertising.
2. (2) Without prejudice to the generality of the provisions of sub-section (1), the Educational Institutions shall, while advertising, follow the following norms :-
   • (i) an advertisement offering a degree or diploma or certificate which is required by law to be accredited, recognised, approved or endorsed by an institute or an authority shall specify the name of the institute or an authority which has accredited, recognised, approved or endorsed the course ;
   • (ii) in case the Educational Institution making the advertisement or the programme or course of study for which the advertisement is issued, is not accredited, recognised or approved by any authority from which such accreditation, recognition or approval is needed, but is affiliated to another institution which has received such accreditation, recognition or approval from the requisite authority, then the advertisement shall state the full name and location of the such Educational Institution to which it is affiliated ;
   • (iii) in case the Educational Institution is affiliated to another Educational Institution, as is described in clause (ii) above, then fonts and logo if any and the graphical images of the Educational Institution making the advertisement, in the print as well as audio or audiovisual-media shall be of the same size as that of the Educational Institution to which it is affiliated ;
   • (iv) the advertisement shall not state or lead the reader to believe that, the enrolment in the Educational Institution or to the programmes or courses of study will provide the student with job, temporary or permanent, or job promotions, or increase in the salary, and the like, unless the person issuing the advertisement is able to substantiate his claim in such advertisement ;
   • (v) the advertisement shall not make any claim of whatsoever, regarding the extent of the batch placed, highest or average marks or gradation and ranking obtained by a student, obtaining admissions to other educational institutions, testimonials of students, affiliation to foreign institution, and the like, unless the person making the advertisement is able to substantiate the claims made in such advertisement.

The penalty levied by the Competent Authority under sub-section (4) of section 6, unless paid to the Competent Authority may be recovered as an arrear of land revenue.

Any Educational Institution may conduct a certificate course : Provided that, the nomenclature of such course shall not be similar to the courses approved by the appropriate authority.

No suit, prosecution or other legal proceedings shall lie against the Competent Authority or the Appellate Authority, for anything which is done, or intended to be done in good faith under this Act, or any rule, order or instrument made under this Act.

Every Competent Authority and every Appellate Authority appointed under this Act shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code (45 of 1860).

1. (1) The State Government may, by notification in the Official Gazette, make rules to carry out the purposes of this Act.
2. (2) Except when the rules are made for the first time, every rule made under this Act shall be subject to the condition of previous publication.
3. (3) Every rule made under this Act shall be laid, as soon as may be, after it is made, before each House of the State Legislature, while it is in session for a total period of thirty days which may be comprised in one session or in two successive sessions, and if, before the expiry of the session in which it is so laid or the session immediately following, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, and notify such decision in the Official Gazette, the rule shall, from the date of publication of such notification, have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything done or omitted to be done under that rule.

The provisions of this Act shall be in addition to, and not in derogation of, the provisions of any other law for the time being in force.

1. (1) If any difficulty arises in giving effect to the provisions of this Act, the State Government may, as the occasion requires, by order published in the Official Gazette, do anything not inconsistent with the provisions of this Act, which appears to it to be necessary and expedient for the purpose of removing the difficulty : Provided that, no such order shall be made after expiry of a period of two years from the date of commencement of this Act.
2. (2) Every order made under sub-section (1) shall be laid, as soon as may be, after it is made, before each House of the State Legislature.

1. (1) The Maharashtra Unauthorized Institutions and Unauthorized Courses of Study in Agriculture, Animal and Fishery Sciences, Health Sciences, Higher, Technical and Vocational Education (Prohibition) Ordinance, 2013 (Mah. Ord. XIII of 2013), is hereby repealed.
2. (2) Notwithstanding such repeal, anything done or any action taken (including any notification or order issued, or appointment made) under the said Ordinance shall be deemed to have been done, taken or made, as the case may be, under the corresponding provisions of this Act.