MAHARASHTRA UNIVERSITIES ACT, 1994

Maharashtra Act No. XXXV of 1994

21st July, 1994

An Act to unify, consolidate and amend the law relating to the non-agricultural and non-technological universities in the State of Maharashtra. WHEREAS IT is expedient to provide for a unified pattern for the constitution and administration of non-agricultural and non-technological universities in the State of Maharashtra and to make better provisions thereof; AND WHEREAS with a view to consider and recommend measures for better governance of such universities and reorganisation of higher education, the Central Government and the Government of Maharashtra had appointed various committees and study groups; AND WHEREAS after considering the recommendations made by these committees and groups, and the experience gained in implementing the present university Acts, it is felt necessary to make provisions to enable each university to effectively carry out with responsibility the

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S.1 Short title and commencement

(1) This Act may be called the Maharashtra Universities Act, 1994.

(2) It shall come into force on such date 1 as the State Government may, by notification in the Official Gazette, appoint.

1. Enforced on 22nd July, 1994 vide Government Notification, Higher and Technical Education and Employment Department No. USG 1492/104201/131/ 92 UNI-3. dated 22nd July, 1994.

S.2 Definitions

In this Act, unless the context otherwise requires,--

• (1) "academic services unit" means university science and instrumentation centre, academic staff college, computer centre, university printing press, or any other unit providing specialised services for the promotion of any of the objectives of the university;
• (2) "adjunct professor", "adjunct reader" or "adjunct lecturer" means a person from industry, trade, agriculture, commerce or any other allied field who is so designated during the period of collaboration or association with the university;
• (3) "affiliated college" means a college which has been granted affiliation by the university;
• (4) "authorities" means the authorities of the university as specified by or under this Act;
• (5) "autonomy" means a privilege of the university conferred by the statutes to permit a college, institution or a university department to conduct academic programmes and examinations, develop syllabus
  

S.3 Incorporation of Universities

(1) In relation to each of the existing universities specified in column (1) of Part I of the Schedule, with effect from the date of commencement of this Act, the corresponding university with the name, specified against it in column (2) of the said Part, is hereby constituted under this Act, for the same area specified in column (3) of the said Part for which it was constituted immediately before the date of commencement of this Act.

(2) The State Government may, from time to time, by notification in the Official Gazette, constitute any new university under this Act by such name, for such area and with effect from such date as may be specified by it, and insert necessary entries in Part II of the Schedule, and may for that purpose or any other purposes specified in that behalf diminish, increase or alter the area of any existing or new university, by suitably amending the Schedule, by the said notification, and thereupon the entries in column (3) of Parti, or in column (2)

S.4 Objects of university

The objects of the university shall be to disseminate, create and preserve knowledge and understanding by teaching, research, extension and service and by effective demonstration and influence of its corporate life on society in general, and in particular the objects shall be,--

• (1) to carry out its responsibility of creation, preservation and dissemination of knowledge;
• (2) to promote discipline and the spirit of intellectual inquiry and to dedicate itself as a fearless academic community to the sustained pursuit of excellence;
• (3) to encourage individuality and diversity within a climate of tolerance and mutual understanding;
• (4) to promote freedom, secularism, equality and social justice as enshrined in the Constitution of India, and to be catalyst in socio-economic transformation by promoting basic attitudes and values of essence to national development;
• (5) to extend the benefits of knowledge and skills for development of indivi
  

S.5 Powers and duties of University

The university shall have the following powers and duties, namely:--

• (1) to provide for instruction, 1[extension] teaching and training in such branches of learning and courses of study as the university may, from time to time, determine;
• (2) to make provision for research and for the advancement and dissemination of knowledge, and generally to cultivate and promote the arts (including the fine arts), commerce, sciences, medicine, engineering, technology, law, physical education and other branches of learning and culture and their interdisciplinary areas;
• (3) to make provision to enable conducted and affiliated colleges and recognised institutions to undertake specialised studies;
• (4) to organise, maintain and manage university departments, laboratories, libraries, museums and equipments for teaching 1[research or extension].
• (5) to establish, maintain and manage departments and institutions of research, of spec
  

S.6 Jurisdiction and admission to privileges of University

(1) The territorial limits, within which the powers conferred upon the university by this Act shall be exercised, shall comprise the whole of the university area as specified against the name of such university in the Schedule: Provided that, the benefit of distance education courses, correspondence courses, open university courses or external degree courses of any university may, with the prior permission of the State Government, extend and cover the entire area of the State outside the university area.

(2) Subject to the provisions of sub-section (3) of Section 3, no educational institution situated within the university area shall, except with the consent of the university and the sanction of the Slate Government, be associated in any way with, or seek admission to any privilege of, any other university established by law: Provided that, if an educational institution seeks to be associated with, or be admitted to the privileges of, a university, jurisdiction of which is n

S.7 University open to all irrespective of sex, creed, class, caste, place of birth, religion or opinion

(1) No citizen of India shall be excluded from any office of the university or from membership of any of its authorities, bodies or committees, or from appointment to any post, or from admission to any degree, diploma, certificate or other academic distinction or course of study, on the ground only of sex, race, creed, class, caste, place of birth, religious belief or profession, or political or other opinion: Provided that, the university may maintain, accredit or recognise any college or institution exclusively for women, or reserved for women.

(2) The university shall adopt Government policy and orders issued, from time to time, in regard to the reservation for Scheduled Castes, Scheduled Tribes 1[Denotified Tribes (Vimukta-Jatis Nomadic Tribes] and other Backward Classes for appointment to different posts of teachers and non-teaching officers and employees and for the purpose of admission of students in the affiliated or conducted colleges, university departme

S.8 Control of State Government and Universities

(1) Without prior approval of the State Government, the university shall not,--

• (a) create new posts of teachers, officers or other employees;
• (b) revise the pay, allowances, post-retirement benefits and other benefits of its teachers, officers and other employees;
• (c) grant any special pay, allowance or other extra remuneration of any description whatsoever, including ex gratia payment or other benefits having financial implications, to any of its teachers, officers or other employees;
• (d) divert any earmarked funds received for any purpose other than that for which it was received;
• (e) transfer by sale or lease immovable property;
• (f) incur expenditure on any development work from the funds received from the State Government or University Grants Commission or any person or body for the purposes other than the purposes for which the funds are received;
• (g) take any decision regarding affiliated colleges resulting i
  

S.Chapter III OFFICERS OF THE UNIVERSITY (A) THE CHANCELLOR

S.9 Chancellor and his powers

(1) The Governor of Maharashtra, for the time being, shall be the Chancellor of every university and the Chancellor, by virtue of his office, shall be the Head of the University.

(2) The Chancellor, when present shall preside over the convocation of the university and may issue direction to Vice-Chancellor to convene the meeting of any authority of the university for specific purposes, whenever necessary, and the Vice-Chancellor shall submit the minutes of such meeting to the Chancellor for his perusal.

1[(3) The Chancellor -

• (a) shall on receiving a reference from the State Government under the proviso to sub-section (4) of Section (8) in such matter; or
• (b) may in any matter suo motou or otherwise call for a report or an explanation or such information and record relating to such matter or any matter or affairs of the University and shall after considering such report or explanation or information or record issue such direction
  

S.10 Other officers of the University

The following shall be the other officers of the university, namely:--

• (1) the Vice-Chancellor;
• (2) the Pro-Vice-Chancellor;
• (3) the Deans of Faculties;
• (4) the Registrar;
• (5) the Controller of Examinations;
• (6) the Director of sub-campuses of the university;
• (7) the Director, Board of College and University Development;
• (8) the Librarian of the university library;
• (9) the Finance and Accounts Officer;
• (10) the Director of Students' Welfare;
• (11) such other officers in the service of the university as may be prescribed by Statutes.

S.11 Vice-Chancellor and Pro-Vice-Chancellor

(1) There shall be a Vice-Chancellor appointed as provided in Section 12, who shall be the principal Executive and Academic Officer of the university and ex-officio Chairman of the Management Council, Academic Council, Board of Examinations, Finance Committee and Academic Services Committees and shall preside in the absence of the Chancellor at any convocation for conferring degrees and also at any meeting of the senate. His powers and duties shall be as provided in Section 14.

(2) The Pro-Vice-Chancellor shall be appointed as provided in Section 13, and the Pro-Vice-Chancellor, wherever appointed, shall be responsible for the duties allotted to him specifically by the Vice-Chancellor with the approval of the Management Council and he shall preside over the meeting of the authorities of the university in the absence of the Vice-Chancellor.

(3) Save as otherwise provided the emoluments and, terms and conditions of services of the Vice-Chancellor and Pro-Vice-Chancellor

S.12 Appointment of the Vice-Chancellor

6[(1) The Vice-Chancellor shall be appointed by the Chancellor in the manner stated hereunder:--

• (a) There shall be a committee consisting of the following members to recommend suitable names to the Chancellor for appointment of Vice-Chancellor, namely:--
  • (i) a member nominated by the Chancellor, who shall be the retired Judge of the Supreme Court or retired Chief Justice of a High Court or an eminent scientist of national repute or a recipient of Padma Award in the field of education;
  • (ii) the Principal Seceretary of Higher and Technical Education Department or any officer not below the rank of Principal Secretary to Government nominated by the State Government;
  • (iii) the Director or Head of an institute or organisation of national repute, such as, Indian Institute of Technology, Indian Institute of Management, Indian Institute of Science, Indian Space Research Organisation or National Research Laboratory, nomi
    

S.13 The manner of appointment of Pro-Vice-Chancellor

(1) The Chancellor may, in consultation with the Vice-Chancellor, appoint a Pro-Vice-Chancellor for the university which has more than 150 affiliated colleges and recognised institutions.

1[(2) The Pro-Vice-Chancellor shall be a person who has held the post of Professor, or Principal of a college or an instigation having not less than 15 years teaching experience.]

(3) The term of Pro-Vice-Chancellor shall be co-terminus with the term of office of the Vice-Chancellor or till he attains the age of 60 years whichever is earlier.

(4) The Pro-Vice-Chancellor shall be a full time salaried officer of the university, and the pay and allowances admissible to him as well as the terms and conditions of his service shall be such as determined by the State Government.

(5) When the office of the Pro-Vice-Chancellor falls vacant or when the Pro-Vice-Chancellor is, by reasons of illness or absence of any other cause, unable to perform the duties of his offic

S.14 Powers and duties of Vice-Chancellor

(1) The Vice-Chancellor shall be the principal Academic and Executive Officer of the university responsible for the development of academic programmes of the university. He shall oversee and monitor the administration of the academic programmes and general administration of the university to ensure efficiency and good order of the university.

(2) He shall be entitled to be present, with the right to speak, at any meeting of any other authority or body of the university, but, shall not be entitled to vote thereat, unless he is the Chairman or member of that authority or body.

(3) The Vice-Chancellor shall have the power to convene meetings of any of the authorities, bodies or commities, as and when he considers it necessary so to do.

(4) The Vice-Chancellor shall ensure that directions issued by the Chancellor are strictly complied with or, as the case may be, implemented.

(5) It shall be the duty of the Vice-Chancellor to ensure that the 1[the

S.15 Deans of Faculties

(1) There shall be a Dean for each faculty. He shall be an Academic Officer of the university concerned with and responsible for implementation of the academic policies approved by the Academic Council in respect of academic development, maintenance of standards of teaching and research and training of teachers within his faculty.

1[(2) (a) The Dean of every faculty shall be elected by the members of the Faculty from amongst themselves and shall not be eligible for election for a second consecutive term. (b) No member assigned by the Academic Council on the Faculty shall be eligible to contest the election to the post of the Dean].

(3) The Dean shall convene meetings of the faculty, as and when required, in consultation with the Vice-Chancellor and shall preside over the same. He shall formulate the policies and development programme of the faculty and present the same to the appropriate authorities for their consideration.

(4) The Dean shall be resp

S.16 Director of Board of College and University Development

(1) The Director of the Board of College and University Development shall be nominated by the Vice-Chancellor, from amongst professors of the university, institutions or departments or principals 1[with fifteen years teaching experience].

(2) The Director shall be -

• (a) the principal academic planning and Academic Audit Officer for the academic development programmes, including post-graduate teaching, research and extension programmes and collaborative programmes of the university;
• (b) the Secretary of the Board of College and University Development and shall conduct academic audit of university departments or institutions, recognised institutions, post-graduate centres and affiliated colleges 2[as the Board may direct, and on receiving complaints suo motu]
• (c) responsible for ensuring that the decisions of the Board for long term and short term development plans of the university and its 3[* * *] colleges in th
  

S.17 Registrar

(1) The Registrar shall be appointed by the Vice-Chancellor on the recommendation of a selection committee constituted for the purpose: 1[Provided that, if the post has remained vacant for a period of six months from the date the post has fallen vacant, the State Government shall appoint, on deputation, a suitable person possessing the qualifications prescribed by the University Grants Commission to perform the duties of the Registrar for a period not more than one year at a time and not more than three years in the aggregate or till the new Registrar is duly appointed by the Vice-Chancellor whichever is earlier.]

(2) The Registrar shall be the Chief Administrative Officer of the university. He shall be a full time salaried officer and shall work directly under the superintendence, direction and control of the Vice-Chancellor.

(3) Appointment of the Registrar shall be for a term of five years and he shall be eligible for re-appointment 2[for only

S.18 Controller of Examinations

(1) (a) Controller of Examinations shall be appointed by the Vice-Chancellor on the recommendations of a selection committee constituted for the purpose : 1[Provided that if the post has remained vacant for a period of six months from the date the post has fallen vacant, the State Government shall appoint, on deputation, a suitable person having prescribed qualifications, to perform the duties of the Controller of Examinations for a period of not more than one year at a time and for not more than three years in the aggregate or till the new Controller of Examinations is duly appointed by the Vice-Chancellor, whichever is earlier].

(b) the Controller of Examinations shall be the principal officer-in-charge of the conduct of examinations and tests of the university and declaration of their results. He shall discharge his functions under the superintendence, direction and guidance of the Board of Examinations. He shall be a full time salaried officer of the universit

S.19 Librarian

(1)(a) Where, in a university, there is a department of library science, the head of that department, not below the rank of Reader, shall ex officio, function as the Librarian.

(b) Where, in a university, there is no department of library science, or where the head of the department is below the rank of reader, the Librarian shall be the principal officer of the university library. He shall be full time salaried officer of the university. He shall work directly under the control of the Vice-Chancellor.

(2) The Librarian shall be appointed by the Vice-Chancellor on the recommendation of a selection committee constituted for the purpose. His qualifications, emoluments and terms and conditions of service shall be as recommended by the University Grants Commission and approved by the State Government.

(3) When the office of the Librarian falls vacant, or when the Librarian is, by reason of illness or absence or any other cause unable to perform the duties of his of

S.20 The Finance and Accounts Officer

(1) (a) The Finance and Accounts Officer shall be the principal Finance, Accounts and audit officer of the university. He shall be full-time salaried officer and shall work directly under the control of the Vice-Chancellor;

(b) The 1[Finance and Accounts Officer] shall be appointed by the Management Council either by nomination or by obtaining the services of a suitable officer on deputation from the Government of India or the State Government.

2[(c) The appointment of the Finance and Accounts Officer shall be for a term of five years if appointed by nomination and he shall be eligible for reappointment for only one more term of five years].

(2) The Finance and Accounts Officer shall be the Member Secretary of the Finance and Accounts Committee. He shall have the right to be present, speak and otherwise take part in the proceedings of the Management Council on matters which have financial implications but shall not be entitled to vote.

S.21 Director of Students' Welfare

(1) The Director of Students' Welfare shall be nominated by the Vice-Chancellor, from amongst the teachers. The emoluments, terms and conditions of service and powers and duties shall be as prescribed by the Ordinances. He shall work directly under the control of the Vice-Chancellor.

(2) The Director shall hold office for a term of two years and shall be eligible for re-appointment.

S.22 Director of Adult and Continuing Education and Extension Services

(1) The Director of Adult and Continuing Education and Extension Services shall be a full time salaried Academic Officer and shall be appointed by the Vice-Chancellor on the recommendation of a selection committee, consisting of-

• (a) the Vice-Chancellor--Chairman;
• (b) 1[* * *]
• (c) two experts in the field, nominated by the Management Council;
• (d) 2[Two nominees] of the Board of Adult and Continuing Education and Extension Services.

(2) The emoluments and terms and conditions of service of the Director shall be prescribed by the Ordinances.

(3) The Director shall be the Member-Secretary of the Board of Adult and Continuing Education and Extension Services and shall be responsible for organising and co-ordinating the adult education, continuing education and extension programmes of the university under the overall guidance and advice of the Board. He shall prepare annual report of the adult and continu

S.23 Officers, members of the authorities, bodies and employees of university as public servant

All salaried officers, members of the authorities, committees or bodies, teachers of the university and other employees of the university, shall be deemed to be public servants within the meaning of Section 21 of the Indian Penal Code, 1860 (XLV of 1860).

S.24 Authorities of the university

The following shall be the authorities of the university, namely:--

• (1) the Senate;
• (2) the Management Council;
• (3) the Academic Council;
• (4) the Faculty;
• (5) the Board of College and University Development;
• 1[(5A) Board of University Teaching and Research].
• (6) the Board of Studies;
• (7) the Board of Inter-disciplinary Studies;
• (8) the Board of Examinations;
• (9) the Board of Adult and Continuing Education and Extension Services;
• (10) the Students' Council;
• (11) such other bodies of the university as are designated by the Statutes to be the authorities of the university.

1. Clause (5A) Inserted by Mah. U. Act No. LV of 2000 (w.e.f. 12.5.2000) as published in the M.G.G. Extraordinary, Part VIII, dt. 26.12.2000.

S.24A Power of Government to specify eligibility conditions for being member of any authority of university

1[24A. Power of Government to specify eligibility conditions for being member of any authority of university. Notwithstanding anything contained in any other provisions of this Act, in consultation with the Chancellor, the State Government may, by- an order published in the Official Gazette, specify the eligibility conditions for being elected or nominated as a member of any authority of the university.]

1. Inserted by Yashwantrao Chavan Maharashtra Open University, The Dr. Babasaheb Ambedkar Technological University, The Maharashtra Universities And The Kavi Kulaguru Kalidas Sanskrit Vishvavidyalaya (University) (Amendment) Act, 2009.

S.25 Senate

(1) The Senate shall be the principal authority for the financial estimates and budgetary appropriations and for providing social feedback to the university on current and future academic programmes.

(2) The Senate shall consist of the following members, namely: -

• (a) the Chancellor;
• (b) the Vice-Chancellor;
• (c) the Pro-Vice-Chancellor, if any;
• (d) the Director of Higher Education or his nominee not below the rank of Joint Director;
• (e) the Director of Technical Education;
• (f) the Director of Medical Education;
• (g) the Director, Board of College and University Development;
• (h) the Director of Students' Welfare;
• (i) the Librarian of the University Library;
• (j) one head of the Academic Services Units of the university, by rotation as prescribed;
• (k) the Director of Adult and Continuing Education and Extension Services;
• 1[(l) eighteen principals, of the aff
  

S.26 Functions and Duties of Senate

(1) The Senate shall transact the following business at its annual meeting, namely:--

• (a) review current academic programmes and collaborative programmes;
• (b) suggest new academic programmes consistent with the societal requirements in higher education;
• (c) suggest measures for improvement and development of the university;
• (d) suggest institution of new degrees, diplomas, certificates and other academic distinctions; and
• (e) confer, on the recommendations of the Management Council, honorary degrees or other academic distinctions.

(2) The Senate shall receive, discuss and approve 1[the annual financial estimate (budget)] the annual reports, accounts and audit reports of the university.

(3) The Senate shall review broad policies and programmes of the university and suggest measures for its improvement and development.

1. Inserted by Mah. U. Act No. LV of 2000 (w.e.f. 12.5.2000) as published i

S.27 Management Council

(1) The Management Council shall be the principal executive authority to formulate statutes and forward the same to the Senate for approval and make ordinances to administer the affairs of the university and shall carry out all such duties which are not specifically assigned to any other authority. It shall consist of the following members, namely :--

• (a) the Vice-Chancellor; Chairman;
• (b) the Pro-Vice-Chancellor, if any;
• (c) one Dean, 1elected by the Senate from amongst the Deans];
• (d) one person nominated by the Chancellor;
• (e) the Secretary, Higher Education or his nominee not below the rank of Deputy Secretary or Joint Director of Higher Education;
• (f) the Director of Technical Education or his nominee not below the rank of Joint Director;
• (g) the Director of Higher Education or his nominee not below the rank of Joint Director of Higher Education;
• (h) one head or Director, nominated by the Se
  

S.28 Powers and duties of Management Council

The Management Council shall exercise the following powers and perform the following duties, namely:--

• (a) make such provisions, as may enable colleges and institutions to undertake specialised studies and, where necessary or desirable, organise and make provision for common laboratories, libraries, museums and equipment for teaching and research;
• (b) establish departments, colleges, schools, institutions of higher learning, research and specialised studies, hostels and provide housing for staff, on the recommendation of the Academic Council;
• (c) make, amend or repeal Ordinances and prepare draft Statutes and make such recommendations thereon to the Senate as it thinks fit;
• (d) hold, control and arrange for maintenances of assets and properties of the university;
• (e) present the budget estimates as received from the Finance and Accounts Committee with its own modifications, if any, to the Senate for its final approval;
• (f) e
  

S.29