Maharashtra Universities (Amendment) Act, 2015

1. (1) Subject to the provisions of this Act, Statutes and Ordinances, the Vice-Chancellor shall, till the University Grants Commission's scheme of recruitment becomes operative, appoint according to the order of merit and recommendations made by the selection committee, a university teacher.
2. (2) The selection committee for making recommendations for appointment of university teachers shall consist of the following members:-(a) the Vice-Chancellor, or the Pro-Vice-Chancellor upon directions of the Vice-Chancellor-Chairman;
   • (b) one person, nominated by the Chancellor;
   • (c) the Dean of the Faculty concerned;
   • (d) the Head of the university department or a head of the concerned school or multidisciplinary institution, nominated by the Vice-Chancellor;
   • (e) not less than three experts nominated by the Management Council out of a panel of not less than six names of experts not connected with the university, recommended by the Academic Council, who have special knowledge of the subject for which the teacher is to be selected;
   • (f) one person belonging to Scheduled Castes or Scheduled Tribes Denotified Tribes (Vimukta Jatis) and Nomadic Tribes or Other Backward Classes, nominated by the Chancellor;
   • (g) Director, Higher Education or his nominee not below the rank of Joint Director;
   • (h) Director, Technical Education or his nominee not below the rank of Joint Director: Provided that, a head, referred to in clause (d), who is a reader shall be a member of the selection committee for the selection to the posts of lecturer..
3. (3) The Registrar shall act as the Secretary of the committee.
4. (4) Every post of a university teacher, to be filled by selection, shall be duly and widely advertised, according to the draft approved by the Vice-Chancellor, together with particulars of the minimum and additional qualifications, as prescribed, the emoluments and number of posts to be filled, the number of posts which are reserved for the members of the Scheduled Castes or Scheduled Tribes or Other Backward Classes and reasonable time, to be determined by the Vice-Chancellor, shall be allowed within which the applicants may, in response to the advertisement, submit their applications.
5. (5) The date of the meeting of every selection committee shall be so fixed as to allow a notice of at least thirty days of such meeting, being given to each member ; and the particulars of each candidate shall be sent to each member of the selection committee so as to reach him at least seven days before the date of meeting.
6. (6) The quorum to constitute a meeting of every selection committee shall be four members, of whom at least two shall be persons nominated under clause
   • (e) of sub-section
7. (2) : Provided that for the post of professor, the selection committee may in preference to the candidates who have applied and appeared before it, recommend for appointment; with all the requisite details, the name of any other person who may not have applied or appeared before it, but who is duly qualified and has to his credit exceptionally high academic achievements or proficiency in the specialisation or has extraordinary academic contribution, to be recorded in writing.
8. (7) If, on a petition by any person directly affected, or suo motu, the Chancellor, after making or having made such inquiries or obtaining or having obtained such explanations, including explanations from the teachers whose appointments are likely to be affected, as may be or may have been necessary, is satisfied that the appointment of a teacher of the university, made by any authority or officer of the university at any time was not in accordance with the law at that time in force, the Chancellor, may, by order, notwithstanding anything contained in the contract relating to the conditions of service of such teacher, direct the Vice-Chancellor to terminate his appointment after giving him one month's notice or one month's salary in lieu of such notice, and the Vice-Chancellor shall forthwith comply and take steps for a fresh selection to be made. The person whose appointment has been so terminated shall be eligible to apply again for the same post.
9. (8) Any order made by the Chancellor, under the last preceding sub-section, shall be final and a copy of the order shall be served on the teacher concerned by the Vice-Chancellor within three days from its receipt.
10. (9) It shall be the duty of the Vice-Chancellor to ensure that no payment whatsoever is made to any person, by way of salary or allowance, from the funds of the University, for any period after the termination of his services, and any authority or officer authorising or making any such payment shall be liable to reimburse the amount so paid to the University.

Where an appointment is to be made on a temporary vacancy of a teacher of the university the appointment shall be made, if the vacancy is for a period of more than one year, on the recommendation of the selection committee in accordance with the provisions of the section 76. The quorum for the selection committee shall be three, one of them being the expert under clause (iv): Provided that, if the Vice-Chancellor is satisfied that, in the interest of teaching, it is necessary to fill in the vacancy immediately, he may make the appointment of a person duly qualified, for a period not exceeding one year on the recommendation of a local selection committee constituted as follows, and shall inform the Management Council of such appointments :-(i) the Vice-Chancellor—Chairman;

1. (ii) the Dean of the Faculty concerned;
2. (iii) the head of the department concerned ;
3. (iv) one expert nominated by the Vice-Chancellor, except that, where the head of the department is also the Dean, the Vice-Chancellor shall nominate two persons instead of one ;
4. (v) one member belonging to Scheduled Castes or Scheduled Tribes or Denotified Tribes (Vimukta Jatis)/Nomadic Tribes or Other Backward Classes, nominated by the Vice-Chancellor;
5. (vi) Director, Higher Education or his nominee not below the rank of Joint Director; and
6. (vii) Director, Technical Education or his nominee not below the rank of Joint Director :

Appointment and selection of principals of conducted colleges The selection committee for selection of principals of conducted colleges or directors or heads of university institutions or post-graduate centres or sub-centres maintained by the university, shall consist of the following, namely:-(a) the Vice-Chancellor—Chairman;

1. (b) one nominee of the Chancellor;
2. (c) two experts, nominated by the Management Council and one expert nominated by the Academic Council, who are not connected with the university;
3. (d) one member belonging to Scheduled Castes or Scheduled Tribes or Denotified Tribes (Vimukta Jatis)/Nomadic Tribes or Other Backward Classes, by rotation nominated by the Vice-Chancellor;
4. (e) Director, Higher Education or his nominee not below the rank of Joint Director;
5. (f) Director, Technical Education or his nominee not below the rank of Joint Director.

(1)

1. (a) There shall be a selection committee for making recommendations of suitable candidates for appointment to the posts of-(i) Registrar;
   • (ii) Controller of Examinations;
   • (iii) Finance and Accounts Officer;
   • (iv) Librarian;
2. (b) The selection committee shall consist of-(i) the Vice-Chancellor, or the Pro-Vice-Chancellor upon the direction of the Vice-Chancellor, Chairman;
   • (ii) two members, nominated by the Management Council, from amongst its members;
   • (iii) a Dean, not being a member of the Management Council, nominated by the Vice-Chancellor;
   • (iv) two experts having special knowledge in the field related to the post, to be filled who are not connected with the university and, affiliated college or recognised instituion, nominated by the Vice-Chancellor;
   • (v) one person belonging to Scheduled Castes or Scheduled Tribes, or Other Backward Classes, nominated by the Vice-Chancellor;
   • (vi) the Registrar shall act as Member-Secretary of the selection committee, except where he himself is a candidate for the post.

1. (2) The selection committee and mode of appointment, of other officers of the university shall be such as may be prescribed.
2. (3) The selection committee and mode of appointment, for principals, teachers and other employees of affiliated colleges shall be such as may be prescribed.
3. (4) The management of any affiliated college, shall before proceeding to fill in vacancies of teachers and other employees in accordance with the prescribed procedure shall ascertain from the university and the Director of Higher Education whether there is any suitable person available on the list of surplus persons maintained by the university for absorption in other colleges and in the event of such person being available the management shall appoint that person.

In addition to the committees constituted under this Act, the authorities of the university may appoint committee with suitable terms and reference for any specific task, and such committee shall consist of members of the same authority constituting such a committee and also of such other persons as that authority may nominate.

1. (1) The management applying for affiliation or recognition, and management whose college or institution has been granted affiliation or recognition, shall give and comply with the following undertaking,—(a) that the provisions of the Act and Statutes, Ordinances and Regulations thereunder and the standing orders and directions of the university shall be observed;
   • (b) that there shall be a separate local managing committee provided for an affiliated college as provided by section 85;
   • (c) that the number of students admitted for courses of study shall not exceed the limits prescribed by the university and the State Government from time to time;
   • (d) that there shall be suitable and adequate physical facilities such as buildings, laboratories, libraries, books, equipment required for teaching and research, hostels, gymnasium, as may be prescribed;
   • (e) that the financial resources of the college or institution shall be such as to make due provision for its continued maintenance and working;
   • (f) that the strength and qualifications of teaching and non-teaching staff of the affiliated colleges and recognised institutions and the emoluments and the terms and conditions of service of the staff of affiliated colleges shall be such as prescribed by the university and which shall be sufficient to make due provision for courses of study, teaching or training or research, efficiently;
   • (g) that the services of all teaching and non-teaching employees and the facilities of the college to be affiliated shall be made available for conducting examinations, and evaluation, and for promoting other activities of the university ;
   • (h) that the directions, and orders issued by the Chancellor, Vice-Chancellor and other officers of the university in exercise of the powers conferred on them under the provisions of the Act, Statutes, Ordinances and Regulations shall be complied with ;
     • (i) that there shall be no change or transfer of the management without previous permission of the university ;
   • (j) that the college or institution shall not be closed without previous permission of the university;
   • (k) that in the event of disaffiliation or derecognition or closure of the college or institution under section 92 all the assets of the college or institution including building and equipment which have been constructed or created out of the amount paid as a grant-in-aid. by the State Government or the University Grants Commission shall vest in the State Government.
2. (2) No college which is part of another university shall be considered for affiliation unless a "no objection certificate" is given by the parent university.

1. (1) The university shall prepare a perspective plan, and get the same approved by the State Council for Higher Education for educational development for the location of colleges and institutions of higher learning in a manner ensuring equitable distribution of facilities for Higher Education having due regard, in particular, to the needs of unserved and under-developed areas within the jurisdiction of the university. Such plan shall be prepared by the Board of College and University Development, and shall be placed before the Academic Council and the Senate through the Management Council and shall, if necessary, be updated every year.
2. (2) No application for opening a new college or institution of higher learning, which is not in conformity with such plan, shall be considered by the university.
3. (3) The managements seeking permission to open a new college or institution of higher learning shall apply in the prescribed form to the Registrar of the university before the last day of October of the year preceding the year from which the permission is sought.
4. (4) All such applications received within the aforesaid prescribed time limit, shall be scrutinised by the Board of College and University Development and be forwarded to the State Government with the approval of the Management Council on or before the last day of December of the year, with such recommendations (duly supported by relevant reasons) as are deemed appropriate by the Management Council.
5. (5) Out of the applications recommended by the university, the State Government may grant permission to such institutions as it may consider right and proper in its absolute discretion, taking into account the State Government's budgetary resources, the suitability of the managements seeking permission to open new institutions and the State level priorities with regard to location of institutions of higher learning : Provided, however, that in exceptional cases and for the reasons to be recorded in writing any application not recommended by the university may be approved by the State Government for starting a new college or institution of higher learning. Provided further that, from the academic year 2001-2002, such permission from the State Government shall be communicated to the university on or before 15th July of the year, in which the new college is proposed to be started. Permissions received thereafter shall be given effect by the university only in the subsequent academic year.
6. (6) No application shall be entertained directly by the State Government for the grant of permission for opening new college or institutions of higher learning. 83. procedure for affiliation
7. (1) On receipt of the permission from the State Government under section 82 the Academic Council of the university shall consider grant of first time affiliation to the new college or institution by following the prescribed procedure given in sub-section
8. (2) and after taking into account whether and the extent to which the stipulated conditions have been fulfilled by the college or institution. The decision of the Academic Council in this regard shall be final.
9. (2) for the purpose of considering the application for the grant of affiliation the Academic Council shall cause an inquiry by a committee constituted for the purpose by it.
10. (3) The Academic Council shall decide,---(a) whether affiliation should be granted or rejected ;
    • (b) whether affiliation should be granted in whole or part ;
    • (c) subjects, courses of study, the number of students to be admitted ;
    • (d) conditions, if any, which may be stipulated while granting or for granting the affiliation.
11. (4) The Registrar shall communicate the decision of the Academic Council to the Management with a copy to the Director of Higher Education, and if the application for affiliation is granted, alongwith an intimation regarding—(a) the subjects and the courses of study approved for affiliation ;
    • (b) the number of students to be admitted ;
    • (c) the conditions, if any, subject to the fulfilment of which the approval is granted.
12. (5) The procedure referred to in section 82, except the second proviso to sub-section
13. (5) thereof, shall mutatis-mutandis, apply for the permission to open new courses and additional Faculties. The procedure for permission for starting new subjects and additional divisions in the existing colleges and institutions shall be such as may be prescribed by the State Government, from time to time.
14. (6) No student shall be admitted by the college or institution unless the first time affiliation has been granted by the university to the college or institution.
15. (7) The procedure referred to in sub-sections
16. (1) to
17. (4) shall apply, mutatis-mutandis, for the consideration of continuation of affiliation, from time to time.

1. (1) The management of an institution actively conducting research or specialised studies for a period of not less than five years, and seeking recognition shall apply to the Registrar of the University, with full information regarding the following matters, namely :—(a) the constitution and personnel of the management;
   • (b) the subjects and courses of study for which recognition is sought;
   • (c) the accommodation, equipment and the number of students for whom provision has been made ;
   • (d) the staff, permanent, visiting and honorary, of the institution, recognised for guiding research or recognisable for the purpose by the university, their experience, evidence of research work carried out at the institution, publications, reports, monographs, books published by the institution ;
   • (e) the fees levied, or proposed to be levied, and the provisions made for capital expenditure on buildings, equipment and for the continued maintenance and efficient working of the institution.
2. (2) Before considering such an application, the Board of College and University Development may call for any further information which it thinks necessary.
3. (3) If the Board of College and University Development decides to condiser the application, it may direct a local inquiry to be made by a competent person or persons having specialised knowledge in the subject or field concerned. After considering the report of such inquiry, and making such further inquiry, as it may think necessary, the Board of College and University Devepoment shall submit to the Academic Council the proposal to grant or reject the application, in part or in whole.
4. (4) The Academic Council shall after considering the proposal submitted by the said Board, may either grant or reject it.

Local managing or advisory committee of an affiliated college

1. (1) There shall be a separate local managing committee for every affiliated college or institution, consisting of the following members:—(a) president or chairman of the management or his nominee — Chairman;
   • (b) secretary of the management or his nominee ;
   • (c) three local members representing different fields of the area, nominated by the management;
   • (d) three teachers, elected by the teachers of the college or institution ;
   • (e) one non-teaching employee, elected by the non-teaching employees of the college or institution ;
   • (f) Principal as Member-Secretary ;
   • (g) one representative of the management.
2. (2) For a college or institution managed and maintained by the Government or local authority, the local advisory committee shall consist of the following members:—(i) Joint Director or Deputy Director designated by the Director of Higher Education or Director of Technical Education or the Director Medical Education and Research or, as the case may be, the Director of Social Welfare as the nature of the college or institution may require ;
   • (ii) three persons representing different fields or activities, nominated by the Director concerned ;
   • (iii) three teachers, elected by the teachers of the college or institution ;
   • (iv) one non-teaching employee, elected by the non-teaching employees of the college or institution ;
   • (v) Principal Member-Secretary.
3. (3) The local managing or advisory committee shall meet at least twice a year.
4. (4) Members elected or. nominated shall have a term of five years. if any vacancy occurs in the office of such member, the vacancy shall be filled within three months and the member so appointed shall hold office for the residual term for which the earlier member would have held the office if the vacancy had not occured.
5. (5) The powers and duties of the local managing or advisory committee shall be to,—(a) prepare the budget and financial statements ;
   • (b) recommend to the management the creation of the teaching and other posts ;
   • (c) determine the programme of instruction and internal evaluation and to discuss the progress of studies in the college ;
   • (d) make recommendations to the management for the improvement of the standard of teaching in the college;
   • (e) formulate proposals of new expenditure not provided for in the college budget;
   • (f) advise the principal regarding the intake capacity of various classes, preparation of time-tables, distribution of the available teaching workload and such other matters relating to the internal management of the college and discipline of the college students as may be referred to it by the principal, from time to time ;
   • (g) consider and make recommendations on the inspection report, if any;
   • (h) consider and make recommendations on the report of the local inquiry committee, if any ;
     • (i) prepare the annual report on the work done by committee for the year ending on the 30th June and submit the same to the management, the Management Council of the University and to the concerned Director;
   • (j) perform such other duties and exercise such other powers as may be entrusted by the management and the university.

The affiliated college or recognised institution may apply for continuation of affiliation or recognition for the courses of study for which affiliation or recognition was granted ordinarily six months prior to the date of expiry of such affiliation or recognition.

Extension of affiliation or recognition The affiliated college or recognised institution may apply for affiliation or recognition for additional courses of study.

Permanent affiliation and recongition The affiliated college or institution or recognised institution with atleast six years standing as an affiliated or recognised institution may apply for permanent affiliation or recognition. The Board of College and University Development shall consider and scrutinise the application and make recommendation to the Academic Council. If the Academic Council is satisfied that the affiliated college or institution or recognised institution has fulfilled all the conditions of affiliation or recognition satisfactorily, and has attained high academic and administrative standards as prescribed by the university, from time to time the Academic Council shall grant permanent affiliation or recognition to the college or institution, as the case may be.

1. (1) A university department or institution, affiliated college or recognised institution may apply to the university for grant of autonomous status Management Council on the recommendation of the Academic Council may confer the autonomous status.
2. (2) The autonomous university department or institution or college or recognised institution, may constitute its authorities or bodies and exercise the powers and perform the functions and carry out the administrative, academic, financial and other activities of the university as prescribed.
3. (3) The autonomous university department or institution or college or recognised institution may prescribe its own courses of study evolve its own teaching methods and hold examinations and test for students receiving instruction in it and award degrees or certificates of its own. Autonomous university department or institution or college or recognised institution shall function with the objectives of promoting academic freedom and scholarship on the part of teachers and students which are essential to the fostering and development of and intellectual climate conducive to the pursuit of scholarship and excellence.

1. (1) Every affiliated college and recognised institution shall furnish such reports, returns and other particulars as the university may require for enabling it to judge the academic standards and standards of academic administration of the college or recognised institution. .
2. (2) The Vice-Chancellor shall cause every university department or institution, affiliated college or recognised institution to be inspected, atleast once in every three years, by one or more committees appointed by him in that behalf which shall consist of the following members, namely:—(a) the Director, Board of College and University Development or a Dean nominated by the Vice-Chancellor—Chairman;
   • (b) one expert, not connected the university, nominated by the Academic Council;
   • (c) one expert, to be nominated by the Management Council;
   • (d) one expert, to be nominated by the Senate: Provided that, no member on such committee shall be connected with the management of college or the institution concerned.
3. (3) The committee shall submit its report to the Vice-Chancellor for his consideration and for further action as may be necessary.

1. (1) If an affiliated college or recognised institution fails to comply with the conditions of affiliation or recognition as provided in section 81 or to allow the local managing or advisory committee as provided in section 85 to function properly or to take action as per directions issued under the Act or if it is conducting the college or recognised institution in a manner prejudicial to the interest of the university or the standards laid down by it, the Board of College and University Development may issue a notice to the management to show cause as to why the privileges conferred on the college or recognised institution by affiliation or recognition should not be withdrawn in part or in whole or modified.
2. (2) The Board of College and University Development shall mention the grounds on which it proposes to take the abovementioned action and shall send a copy of the notice to the principal of the college, or head of recognised institution. It shall also specify in the notice, the period being a period which shall not be less than thirty days within which the management should file its written statement in reply to the notice.
3. (3) On receipt of such written statement or on expiry of the period specified in the notice issued under sub-section (1), the Board of College and University Development shall place before the Academic Council, the notice and the written statement, if any, with or without the motion for withdrawal or modification of such privileges.
4. (4) The Academic Council shall having regard to the interest of students studying in the colleges or recognised institutions, recommend to the Vice-Chancellor the action to be taken in this behalf and the Vice-Chancellor shall, thereafter, proceed to implement the recommendations.

1. (1) No management of a college or recognised institution shall be allowed to close down the college or recognised institution without prior permission of the State Government.
2. (2) The management desirous of closing down the college or recognised institution shall apply to the university on or before the first day of August of the preceding year, stating fully the grounds for closure, and pointing out the assets in the form of buildings and equipments, their original cost, the prevailing market value and the grants so far received by it either from the University Grants Commission, the State Government or from public funding agencies.
3. (3) On receipt of such an application, the Academic Council shall cause to make enquiries as it may deem fit, to assess and determine whether the college or recognised institution be permitted to effect the closure. The Academic Council may, examine whether the closure should be avoided by providing necessary assistance or taking over of the college or institution by the university or tansferring it to another management.
4. (4) If the Academic Council decides to recommend the closure; it shall prepare and submit to the Management Council, a report on the extent of damages or compensation to be recovered from the management and whether the assets created utilising the funds provided by the University Grants Commission, the State Government or other public funding agencies, be transferred to the university or other management, and the payment of compensation to the teachers and the staff retrenched.
5. (5) The Academic Council shall, with prior concurrence of the Management Council and approval of the State Government then decide whether the affiliated college or recognised institution be pemitted the closure.
6. (6) The university may take over a college or a recognised institution or transfer the same to another Management with prior approval of the State Government and after following the procedure prescribed in that behalf.
7. (7) The procedure to effect the closure shall be in phases, so as to ensure that the students already admitted to the college or recognised institution are not affected, and that the first year shall be closed first and no new admission shall be effected. The procedure to phase out the closure shall be such as may be prescribed.
8. (8) The procedure for closure of colleges, or recognised institutions, referred to in sub-sections
9. (1) to (7), shall mutatis-mutandis apply for closure of Faculties or Subjects.

All post-graduate instruction, teaching, training and research shall normally be conducted within the university area by the university, and affiliated colleges and the recognised institutions and in the manner precribed.

A person to be enrolled as a student of the university shall possess such qualifications and fulfil such conditions as may be prescribed.

1. (1) All powers relating to discipline and disciplinary action in relation to the students of the university departments and institutions and colleges maintained by the university, shall vest in the Vice-Chancellor.
2. (2) The Vice-Chancellor may, by order, delegate all or any of his powers under the Act as he deems fit, to such other officer as he may nominate in that behalf.
3. (3) The Vice-Chancellor may, in the exercise of his powers, by order, direct that any student or students be expelled or rusticated for a specified period, or be not admitted to a course or courses of study in a college, institution or department of the university for a specified period, or be punished with fine, not exceeding three hundred rupees, or be debarred from taking an examination or examinations conducted by the department, college or institution maintained by the university for a specified period not exceeding five years or that the result of the student or students concerned in the examination in which he or they have appeared be cancelled: Provided that, the Vice-Chancellor shall give reasonable opportunity to the student concerned of being heard, if expulsion is for a period exceeding one year.
4. (4) Without prejudice to the powers of the Vice-Chancellor, the principals of conducted colleges, heads of university institutions and the heads of departments of the university shall have authority to exercise all such powers over the students in their respective charge as may be necessary for the maintenance of proper discipline.
5. (5) The Vice-Chancellor shall, subject to the approval of the Management Council, make rules of discipline and proper conduct for students of the university which shall also apply to the students of all its conducted colleges and university departments or institutions and every student shall be supplied with a copy of such rules.
6. (6) The principals of the colleges and heads of the institutions, maintained by the university, may, make such supplementary rules of discipline and proper conduct, not inconsistent with the rules made by the Vice-Chancellor, as they think necessary and these shall also be published in the college prospectus every student shall be supplied with a copy of such supplementary rules.
7. (7) At the time of admission, every student shall sign a declaration to the effect that he submits himself to the disciplinary jurisdiction of the Vice-Chancellor and other officers and authorities or bodies of the university and the authorities or bodies of the conducted colleges and institutions, and shall observe and abide by the rules made by the Vice-Chancellor in that behalf and in so far as they may apply, the supplementary rules made by the principals of conducted colleges and heads of university institutions.
8. (8) All powers relating to disciplinary action against students of an affiliated college or recognised institution not maintained by the university, shall vest in the principal of the affiliated college or head of the recognised institution, and the provisions of the foregoing sub-sections including the rules, if any made thereunder, shall mutatis-mutandis apply to such colleges, institution and students therein.

1. (1) The Management Council may institute and confer such Degrees, diplomas, certificates and other academic distinctions as may be recommended by the Academic Council
2. (2) The Chancellor may on the recommendation of the Management Council and the Academic Council, supported by a majority of not less than two-third members of each such authority, present at its meeting, such majority comprising not less than one-half of members of each such authority, withdraw the degree or diploma or certificate or any other academic distinction permanently or for such period as the Chancellor thinks fit, if such a person is convicted by a court of law for any offence involving moral turpitude or has been found to have obtained such degree or diploma or certificate of any other academic distinction by fraudulent means.

Honorary degree

1. (1) The Management Council may consider and recommend to the Senate the conferment of an honorary degree or other academic distinction on any person, without requiring him to undergo any test or examination, on the ground solely that he, by reason of his eminent position, attainments and public service, is a fit and proper person to receive such degree or other academic distinction, and such recommendation shall be deemed to have been duly passed if supported by a majority of not less than two-thirds of the members present at the meeting of the Senate, being not less than one-half of its total membership : Provided that, the Management Council shall not entertain or consider any proposal in that behalf without the Vice-Chancellor having obtained the previous approval of the Chancellor.
2. (2) The Management Council may take a decision on the proposal of the Senate, provided that the Senate shall not entertain or consider any proposal in that behalf without the Vice-Chancellor having obtained prior approval of the Chancellor.

The convocation of the university shall be held at least once during an academic year in the manner prescribed by the Statutes for conferring degrees, post-graduate diplomas or for any other purpose.

1. (1) Subject to the provisions of sub-section (2), the following persons shall be entitled to have their names entered in the register of registered graduates or deemed to be registered graduates, maintained by the university, namely :—(a) who are graduates of the university ;
   • (b) who are graduates of the parent university from which corresponding new university is established : Provided that, the graduates registered in the parent university as registered graduates but residing in the jurisdiction of the new university will have to apply for registration, as registered graduates, to the new university and, once registered with the new university, they will automatically cease to be the registered graduates of the parent university.
2. (2) A person who,—(a) is of unsound mind and stands so declared by a competent court;
   • (b) is an undischarged insolvent;
   • (c) is convicted for an offence involving moral turpitude ;
   • (d) is a registered graduate of any other university established by law in the State of Maharashtra, shall not be qualified who have his name entered in the register of graduates, or be a registered graduate.
3. (3) Every person who intends to be registered graduate shall make an application to the Registrar in such form and make payment of such fees as are prescribed by the statutes.
4. (4) The Vice-Chancellor shall, after making such inquiry as he thinks fit, decide whether the person is entitled to be a registered graduate. If any question arises whether a person is entitled to have his name entered in the register of graduates or be a registered graduate or is not qualified to be a registered graduate, it shall be decided by the Vice-Chancellor after making such inquiry as he thinks fit and his decision shall be final.
5. (5) From amongst the persons registered as registered graduates, an electoral college shall be constituted for election of members of the Senate under clause
   • (r) of sub-section
6. (2) of section 25, and for that purpose, an electoral roll shall be prepared as prescribed by publishing a public notice, requiring the registered graduates desirous of enrolling themselves in such electoral roll to fill in the prescribed form for such enrolment.

1. (1) The Chancellor may, on the recommendation of the Management Council, supported by a majority of not less than two-thirds of its members present at its meeting, such majority comprising not less than one-half of its members, remove the name of any person from the register of graduates for such period as the Chancellor thinks fit, if such person has been convicted by a court for any offence which, in the opinion of the Management Council, is a serious offence involving moral turpitude.
2. (2) No action under this section shall be taken unless the person connerned is as prescribed by the Statutes, given an opportunity of being heard in his defence.

1. (1) The annual financial estimates (budget) of the university for ensuing financial year shall be prepared by the Finance and Accounts Officer under the direction of the Finance and Accounts Committee, at least two months before the commencement of the financial year.
2. (2) The Finance and Accounts Officer shall thereafter forward copies of financial estimates as approved by the Management Council and Senate to the Chancellor, Maharashtra State Council for Higher Education and the State Government.
3. (3) The Financial year of the university shall be the same as that of the State Government.

1. (1) The university shall establish the following funds, namely:—(a) general fund;
   • (b) salary fund.—(i) for all posts approved by the State Government;
     • (ii) for all other posts separately ;
   • (c) trust fund;
   • (d) development and programme fund;
   • (e) contigency fund;
   • (f) any other fund which, in the opinion of the university, is deemed necessry to establish.
2. (2) The following shall form part of, or be paid into, the general fund,—(a) non-salary countribution or grant, received from the State Government or Central Government or University Grants Commission;
   • (b) all incomes of the university from any source whatsoever, including income from fees and charges;
   • (c) any sums borrowed from the banks or any other agency, with the permission of the State Government;
   • (d) sums received from any other source or agency.
3. (3) The salary fund shall consist of all amounts received from the State Government, Central Government or University Grants Commossion towards full or part payment of the salary and allowances. No amount from this fund shall be utilised for the purposes other than payment of salary and allowances.
4. (4) All income or moneys from trusts, bequests, donations, endowments, subventions and similar grants shall form the trust fund. (5)
   • (a) The development and programme fund of the university shall consist of all infrastructure development grants received from the State Government, all contributions made by the University Grants Commission for development and research grants received from other funding agencies of the Central Government, United Nations and its affiliates, other international agencies, industry, banks and financial institutions or any person;
   • (b) No amount from this fund shall be appropriate to any other fund of the university or expended for any other purposes;
   • (c) the development and programme fund shall be utilised in the manner consistent with the object of the programmes for which a suitable code will be adopted to include the guidelines of the funding agency on expenditure and audit, to be granted and approved by the Management Council.
5. (6) The university shall have and maintain a contingency fund under a separate head of the university accounts which shall be used only for the purposes of meeting any unforeseen expenditure.
6. (7) Surplus money at the credit of these funds, which cannot immediately or at any early date be applied for the purposes aforesaid, shall, from time to time, be deposited in the Nationlised or Scheduled Banks or invested in any other Equity or securities issued by the Corporations having financial participation of the State Govenment or in units of U.T.I., N.S.C., Bonds issued by I.D.B.I. and I. C.I.C.I or investment approved by the Management Council.

1. (1) The accounts of the university shall be audited at least once every year and in any case within six months of the close of the financial year by the auditors appointed by the Management Council from amongst the firms of chartered accountants whose partners have no interest in any of the authorities or affairs of the university.
2. (2) The audited accounts shall be published by the university and a copy thereof, together with the copy of the auditor's report, shall be submitted to the Chancellor, State Government and, on receipt of such audited accounts the Senate shall consider and pass such resolution thereon as it thinks fit.
3. (3) The State Government may conduct the test audit or full audit of the accounts of the university at regular intervals by the auditors appointed by the State Government.

The Annual Report of the university shall be prepared and published by the university and such report as approved by the Management Council shall be submitted to the Chancellor, State Government and Senate. The Senate may consider the annual report in its meeting and may make recommendations as it deems fit.

Special provisions for Shreemati Nathiabai Damodar Thackersey Women's University

1. (1) In addition to the other provisions of this Act, and Statutes, the provisions set out in this section shall apply to the Shreemati Nathibai Damodar Thackersey Women's University.
2. (2) The territorial limits, within which the powers conferred upon the university by this Act shall be exercised, shall comprise the State of Maharashtra: Provided that, the university may, subject to such conditions and restrictions as it and the State Government may think fit to impose, admit any women's educational institution in any other territory to the privileges of the university, with the approval of the Government concerned.
3. (3) Any female student from any part of the State of Maharashtra or any other territory may register as a private student of the university or join correspondence course or any other external degree or diploma course of the university.
4. (4) Any society, association or body in the State of Maharashtra seeking affiliation or recognition by the university to the college or institution started or conducted by it exclusively for women students need not seek the permission of any other university in the area of which the college or the institution, as the case may be, is to be or is located. On an application of any such society or association or body, the university may, notwithstanding anything contained in any other law for the time being in force, grant the affiliation, with the previous sanction of the State Government, or the recognition, as the case may be, without seeking permission of any other university in the area of which the college or institution is to be or is located.
5. (5) The university may, in the interest of women's education, start or conduct a college or research institution in any territory outside the State of Maharashtra, with the approval of the Government concerned.
6. (6) No educational institution affiliated to or recognised by the university shall be associated in any way with, or seek admission to any privilages of, any other university establish by law, except with the permission of the university and the State Government.
7. (7) The Senate of this university shall have the following additional members, namely:---(a) two representatives of women's educational associations or bodies in the State of Maharashtra, nominated by the Vice-Chancellor;
   • (b) two representatives of women's educational associations or bodies in the State of Gujarat, nominated by the Vice-Chancellor ;
   • (c) one representative of women's educational associations or bodies in other territories, nominated by the Vice-Chancellor.
8. (8) The university shall have powers to draw up Statutes or Ordinances or Regulations or to undertake other activities, such as running schools, polytechnics, etc.
9. (9) No member of the Board of Examinations or the Committees of the university shall be appointed as paper setter, examiner, moderator or referee except with the written approval of the Board under exceptional circumstances to be recorded in writing.

1. (1) It shall be the duty of every authority or body and officer the university to ensure that the interests of the university are duly safeguarded.
2. (2) If it is found that a damage or loss has been caused to the university by any action on the part of any authority or body or officer of the university not in conformity with the provisions of this Act, Statutes, Ordinances or Regulations, except when done 'in good faith, or any failure so as to act in conformity thereof, by wilful neglect or default on its or his part such damage or loss shall be liable to be recovered from the authority or body or the concerned members thereof, jointly or severally, or from the officer concerned, as the case may be, in accordance with the procedure prescribed by the Statutes.

1. (1) A teacher of a private college shall not be disqualified for continuing as such teacher merely on the ground that he has been elected or nominated as a member of the Legislative Assembly or of the Legislative Council of the State or of Parliament.
2. (2) A teacher elected or nominated as a member of the Legislative Assembly or of the Legislative Council of the State, or of Parliament shall be entitled to treat the period of his membership of the Legislative Assembly or of the Legislative Council or of Parliament as on leave without salary and allowances.
3. (3) A teacher referred to in sub-section
4. (2) shall also be entitled to count the period of his membership of the Legislative Assembly or of the Legislative Council or of Parliament for the purposes of pension, seniority and increments.

If any question arises regarding the interpretation of any provision of this Act, or of any Statutes, Ordinance, Regulation or Rule, or whether a person has been duly elected or appointed or nominated or co-opted as or is entitled to be a member of any authority or body of the university, the matter may, be referred, on petition by any person or body directly affected, or suo motu by the Vice-Chancellor to the Chancellor, who shall after taking such advice as he thinks necessary, decide the question, and his decision shall be final:

Protection of acts and orders All acts and orders done or passed in goodfaith by the University, or any of its officers, authorities or bodies, shall subject to the other provisions of this Act, final; and accordingly, no suit or other legal proceedings shall be instituted against, or maintained, or damages claimed from, the University or its officers, authorities or bodies for anything done or passed, or purporting to have been done or passed in goodfaith and in pursuance of the provisions of this Act and the Statutes, Ordinances, Regulations and Rules.

Subject to the provisions of this Act and the Statutes, any officer or authority of the university may, by order, delegate his or its powers, except the power to make Statutes, Ordinances, Regulations and Rules to any other officer or authority under his or its control, and subject to the condition that the ultimate responsibility for the exercise of the powers so delegated shall continue to vest in the officer or authority delegating them.

No act or proceeding of the Senate or the Management Council or Academic Council or any other authority or any body or committee of the university including a committee appointed by the Chancellor for the appointment of a Vice-Chancellor shall be deemed to be invalid at any time merely on the ground that—(a) any of the members of any such authority, body or committee are not elected, appointed, nominated or co-opted or for any other reason are not available to take office at the time of the constitution or to attend any meeting thereof or any person is a member in more than one capacity or there is any other defect in the constitution thereof or there are one or more vacancies in the offices of members thereof ;

1. (b) there is any irregularity in the procedure of any such authority body or committee not affecting the merits of the matter under consideration, and the validity of such act or proceeding shall not be questioned in any court or before any authority or officer merely on any such ground.

When any new university is constituted by a notification in the Official Gazette under sub-section

1. (2) of section 3, the State Government may, notwithstanding anything contained in this Act, by one or more orders published in the Official Gazette, provide for all or any of the following matters, namely:—(a) the appointment of the first Vice-Chancellor and other officers of the university and the term for which they shall be appointed;
   • (b) constitution of the first Management Council and Academic Council in such manner as it thinks fit and the term for which it shall function ;
   • (c) continuance or application of such Statutes, Ordinances Regulations and Rules with such modifications-as it may specify;
   • (d) the exercise of option by the registered graduates of any of the then existing universities to continue to remain registered graduates of the same universities or to get registered with the new university;
   • (e) the continuance or discontinuance of the membership of the Senate the Management Council, the Academic Council and other authorities, bodies and committees of the existing universities constituted under the Act;
   • (f) the filling in the vacancies caused by discontinuance of the members of authorities or bodies or committees of the existing university;
   • (g) the continuance of the affiliation of the colleges or the recognition of the institutions by the new university to which the area is added and discontinuance of the same by the existing university from which the area is carved out;
   • (h) the transfer of any of the employees of the existing university to the new university and the terms and conditions applicable to such employees or termination of the service of the employees of the existing university by giving such terminal benefits as the State Government deems fit : Provided that, the terms and conditions of service of any employees so transferred shall not be varied to his disadvantage;
     • (i) the transfer of the assets, that is to say, property movable or immovable rights, interest of whatsoever kind acquired, and the liabilities and obligations incurred, before the issue of any such order ; and
   • (j) such other supplemental, incidental and consequential provisions as the State Government may deem necessary.

Save as otherwise provided by or under this Act, every person holding office either as an officer or the employee (whether teaching or other employee) of an existing university on the date immediately before the commencement of this Act shall continue to hold office on the same terms and conditions as were applicable to him immediately before such date,

Notwithstanding anything contained in this Act or the statutes or the rules made thereunder, for the purposes of admission to the first year degree courses in Engineering, Technology, Architecture and Pharmacy, the area of the North Maharashtra University and the University of Pune shall, for a period of not exceeding two years including the academic year 2002-2003, be treated as single University area.

If any difficulty arises in giving effect to the provisions of this Act, the State Government may, as occasion requires, but not later than two years from the date of commencement of this Act, by order, do anything, not inconsistent with the objects and purposes of this Act, which appears to it to be necessary or expedient for the purpose of removing the difficulty.

[See sections 3 (1) and 6(1)] PART I Name of the existing university (1) Name of corresponding university under this Act (2) University area (3) 1. The University of Mumbai constituted under the Mumbai University Act, 1974. (Mah. XXII of 1974). The University of Mumbai. Districts of— (1) City of Mumbai (2) Mumbai Suburban (3) Raigad (4) Thane (5) Ratnagiri (6) Sindhudurg. 2. The University of Poona, constituted under the Poona University Act, 1974. (Mah. XXIII of 1974). The University of Pune. Districts of— (1) Pune (2) Ahmednagar (3) Nashik. 3. The Shivaji University, constituted under the Shivaji University Act, 1974. (Mah. XXIV of 1974). The Shivaji University. Districts of— (1) Kolhapur (2) Sangli (3) Satara 4. The Dr. Babasaheb Ambedkar Marathwada University, constituted under the Marathwada University Act, 1974. (Mah. XXV of 1974). The Dr. Babasaheb Ambedkar Marathwada University. Districts of— (1) Aurangabad (2) Jalna (3) Beed (4) Osmanabad. 5. The Nagpur University constituted under the Nagpur University Act, 1974. (Mah. XXVI of 1974). The Nagpur University. Districts of— (1) Nagpur (2) Bhandara (3) Chandrapur (4) Gadchiroli (5) Wardha. 6. The Shreemati Nathibai Damodar Thackersey Women’s University, constituted under the Shreemati Nathibai Damodar Thackersey Women’s University, Act, 1974. (Mah. XXVII of 1974). The Shreemati Nathibai Damodar Thackersey Women’s University. The State of Maharashtra. 7. The Amravati University, constituted under the Amravati University Act, 1983. (Mah. XXXVII of 1983). The Amravati University. Districts of— (1) Amravati (2) Akola (3) Buldhana (4) Yavatmal (5) Washim. 8. The North Maharashtra University, constituted under the North Maharashtra University, Act, 1989. (Mah. XXIX of 1989). The North Maharashtra University. Districts of— (1) Jalgaon (2) Dhule. (3) Nandurbar. PART II [See section 3(2)] Name of New University (1) University Area (2) 1. The Swami Ramananda Teerth Marathwada University. Districts of— (1) Nanded (2) Parbhani (3) Latur (4) Hingoli 2. The Solapur University. District of Solapur.