Vidhi Codex

section 82

Procedure for permission

Maharashtra Universities (Amendment) Act, 2015
Education201540 sections
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Statutory text
  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.

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