[19
January 2024] An Act to provide to
establish and incorporate and to regulate the Universal SkillTech University,
Vasai in the State, a Self-financed Skills University, to create skilled and
employable youth, to encourage job creation and to promote delivery of quality
skills education, startups, incubation, employability, training, counselling,
apprenticeship training, on-job training and placements in an integrated manner
with industry partnership, to promote inclusive growth by facilitating
employment and providing self-employment guidance for the youth to enhance
their incomes and for matters connected therewith or incidental thereto. Whereas, it is
expedient to provide to establish and incorporate and to regulate the Universal
SkillTech University, Vasai in the State, a Self-financed Skills University, to
create skilled and employable youth, to encourage job creation and to promote
delivery of quality skills education, startups, incubation, employability,
training, counselling, apprenticeship training, on-job training and placements
in an integrated manner with industry partnership, to promote inclusive growth
by facilitating employment and providing self-employment guidance for the youth
to enhance their incomes and for matters connected therewith or incidental
thereto, it is hereby enacted in the Seventy-fourth Year of the Republic of
India, as follows. (1)
This Act may be called the
Universal SkillTech University, Vasai Act, 2023. (2)
It shall come into force on
such date, as the State Government may, by notification in the Official
Gazette, appoint. In this Act, unless
the context otherwise requires,- (a)
"adjunct
professor", "adjunct associate professor", "adjunct
assistant professor" or "professor of practice", means a person
from industry, manufacturing and service sector, industrial associations,
trade, agriculture, commerce, social, cultural, academic or any other allied
field who is so designated during the period of collaboration or association
with the University; (b)
"apprenticeship
training" means a course of training in any industry or establishment
undergone in pursuance of a contract of apprenticeship and under prescribed
terms and conditions which may be different for different categories of
apprentices; (c)
"authorities"
means the authorities of the University as specified by or under this Act; (d)
"Board of
Management" means the Board of Management constituted under section 22 of
this Act; (e)
"campus" means the
area of University within which it is established; (f)
"center of
excellence" means the state-of the art training or research center
established in collaboration with industry association or for the benefit of
the industry and society, to provide all types of skills to students,
in-service employees, working professionals and to undertake joint projects; (g)
"constituent
institute" means a college or department or school or center or institute
established by the sponsoring body which comes under the ambit of the
University; (h)
"employee" means
any person appointed by the University and includes teachers, officers and
other staff of the University; (i)
"fee" means
tuition fees, other fees and charges including developmental charges collected
by the University or its colleges, institutions, skill centers or study
centers, as the case may be, from the students by whatever name it may be
called; (j)
"Government" or
"State Government" means the Government of Maharashtra; (k)
"Governing Body"
means the Governing Body constituted under section 21 of this Act; (l)
"online and distance
education" means education imparted by combination of any two or more
means of communication, viz. broadcasting, telecasting, information
communication technology, online, contact programmes and any other such blended
methodology; (m)
"notification"
means a notification published in the Official Gazette; (n)
"Official Gazette"
means the Maharashtra Government Gazette; (o)
"prescribed" means
prescribed by rules or Statutes or Ordinances or regulations, as the case may
be, made by or under this Act; (p)
"on-job training"
means a technique wherein students or employees are given direct instructions
to perform their jobs on the actual work floor; (q)
"President" means
the President of the University, who shall also be the Chancellor of the
University; (r)
"regulatory body"
means a body established by the Central Government or State Government for
laying down norms and conditions for ensuring academic standards of skills
education; (s)
"rules" means the
rules made by the Government; (t)
"section" means a
section of this Act; (u)
"Skill Department"
means Skill, Employment, Entrepreneurship and Innovation Department, Government
of Maharashtra; (v)
"sponsoring body"
in relation to the University established under this Act means, the Vidya Vikas
Education Trust, Mumbai. E 21163 (Mumbai) Charitable Trust, registered under
the Maharashtra Public Trust Act, having its registered office at Filka
Building, Daftary Road, Opposite Railway Station Malad East, Mumbai400 097; (w)
"State" means the
State of Maharashtra; (x)
"Statutes",
"Ordinances" and "Regulations" mean respectively, the
Statutes, Ordinances and Regulations of the University made under this Act; (y)
"student" means a
person enrolled in the University for taking a program of study for a degree,
diploma or other academic distinction instituted by the University, including
post graduate, PhD degree and research degree; (z)
"study center"
means a center established and maintained by the University for the purpose of
advising, career guidance and counseling or for rendering any other assistance
required by the students in the context of all the programs including online
and distance education offered by the University; (za)
"skill center" means a training center established by the University
or extended to the University by the industry, industry associations,
corporates, companies and practitioners to provide skill training for the
benefit of the industry, students, local population and all stakeholders; (zb)
"teacher" means a professor, associate professor, assistant
professor, adjunct professor, professor of practice, industry experts or
resource persons or any other person required to impart education, skills,
practical training, guide research or render guidance in any form to the students
for pursuing a course of study of the University; (zc)
"University" means the Universal SkillTech University, Vasai. (1)
There shall be established a
University by the name of the Universal SkillTech University, Vasai. (2)
The President, the
Vice-Chancellor, the Governing Body, the Board of Management, the Academic
Council and all other persons who may hereafter become such officers or members
so long as they continue to hold such office or membership, are hereby
constituted and declared to be a body corporate by the name of the Universal
SkillTech University, Vasai. (3)
The University shall have
perpetual succession and a common seal and shall sue and be sued by the said
name. (4)
The University shall function
as a non-affiliating University established under this Act and it shall not
affiliate any other college or institute for the award and conferment of
degree, diploma and certificate to the students admitted therein. (5)
The University shall be
situated and have its head-quarters at Universal SkillTech University, Vasai,
Universal Campus, Near Bhajanlal Dairy and Punya Dham, Kaman-Bhiwandi Road,
Vasai-401 208. The objects of the
University shall be as follows: - (a)
to develop qualified youth
with skill proficiency and competency at different levels; (b)
to provide learning,
teaching, capacity, capability and skills development and entrepreneurial
training, covering a wide spectrum of domains and specializations as may be relevant
from time to time, in the fields in which future jobs are going to be created
such as automotive, apparel and furnishing, aviation and aerospace, media and
entertainment, film, capital goods, communication, design, technology,
management and entrepreneurship, business, banking and insurance, healthcare,
hospitality, logistics, sports, travel and tourism, life sciences, applied and
creative arts, humanities, data science and artificial intelligence,
e-business, retail, analytics, agri business, industry and any other fields of
study including the imparting of skills that have employment potentiality; (c)
to create and deploy new
educational programs to promote creativity, innovation and entrepreneurship for
inventing of new ways for development and social reconstruction and
transformation; (d)
to create entrepreneurs and
intrapreneurs by providing necessary skill and support; (e)
to frame credit framework
for competency based skills education; (f)
to establish
state-of-the-art facilities for education, skills training and entrepreneurship
development; (g)
to carry out teaching,
skilling and research and offer continuing quality education programmes; (h)
to start skills development
programmes aiming for employment and entrepreneurship courses in new and
emerging areas with innovative approaches; (i)
to institute postgraduate
degree, Doctorate in Philosophy, research degree, degrees, diplomas,
certificates and other academic distinctions on the basis of examinations or
any other methods of evaluation; (j)
to provide choice based credit
system courses including online credit courses; (k)
to provide higher vocational
skill development and training through a variety of programs leading to gainful
employment, entrepreneurship, on-job training and apprenticeship training; (l)
to establish links,
collaborations and partnerships with other institutions, industry and industry
associations in India and abroad; (m)
to establish innovative
approaches for creation of seamlessness in academic structures, learning
time-frames and working and continuous evaluation processes for nurturing and
cultivation of creativity and entrepreneurship; (n)
to aim at reaching the
unreached by using latest information communication technology to deliver
education, training and teaching resources to learners; (o)
to provide a teaching
learning pedagogy which combines multiple forms of education and learning
pedagogy and delivery (blended or distance or online or skill or other) and
thus provide a Virtual Campus where students will come together with
experienced faculty and industry members to develop and evolve; (p)
to provide learning
opportunities to wide range of learners representing diverse backgrounds, age
groups and socio-economic status and geographic location through a self-paced,
self-styled, face to face and online learning environment; (q)
to deliver blended or
distance or online degrees in skill education with prior permission of
competent authority; (r)
to collaborate with other
colleges, universities, research institutions, profit and non-profit
organizations, corporates, industry, industry associations, professional
associations or other organizations in India or overseas to conceptualize,
design, develop and offer specific education and research programmes, training
programmes, skilling and exchange programmes for students, faculty members and
others; (s)
to provide a teaching
learning pedagogy focused on hands-on training, professional and skill based
training in line with market needs; (t)
to conduct research in
labour market requirements in order to understand emerging trends and offer
suitable curricula, courses and programmes; (u)
to undertake collaborative
research and advocacy with any organizations in India or overseas for promoting
innovative models of education, research, training and skill development aiming
for employment and entrepreneurship; (v)
to design and deliver high
quality training, capacity building and development systems for teachers,
administrators and working professionals; (w)
to collaborate with other
institutes, industries, businesses, universities or labs or agencies or
organizations of repute from other States of India or foreign countries to
offer joint programmes or courses or research or exchange faculty or
information or share practices and give or receive equipment or resources or
grants or consultancy for benefit of students; (x)
to offer mechanism and
facility for recognition of prior learning, upskilling and reskilling; (y)
to offer mechanism and
facility of credit banking or transfer system to create options of multi-entry
and exit and opportunities for movement across universities or domains or
sectors; (z)
to provide students an
opportunity of life long and continuous training through University courses
offered through conventional or blended or distance or online education and
other education delivery models suitable for different pedagogical approaches
and systems; (za)
to provide education, training and skill development opportunities to the
informal sector and unorganized workforce in order to build productivity; (zb)
to provide flexible and modular learning pathways thereby enabling multi entry
and exit option; (zc)
to provide vertical mobility to students undergoing technical, vocational and
skill based education and training by offering Diploma, Bachelor, Masters and
Doctoral programs in high growth sectors and offer various specializations to
prepare the youth towards gainful employment; (zd)
to provide a flexible and open system of learning; (ze)
to conduct pedagogical and skill enhancement training and development programs
for faculty and trainers who are involved in imparting vocational education and
skill training; (zf)
to provide professional and development services to the industry,
organizations, agencies and the society at large; (zg)
to undertake skill assessment certification for the students studying in the
University as well as for other students, agencies, training providers,
institutions, industry and organizations; to organize training on conducting
skill assessments for faculty, trainers, agencies, institutions and
organizations; to do research in the pedagogy of skill assessments, online
assessments, computerized assessments or tests and develop required software,
hardware solutions or other systems or processes for carrying out assessments
or tests; (zh)
to use modern and post-modern processes, mechanisms and technologies for
governance and management of learning, teaching, researching, evaluating,
developing, organizing and creating socio-economic wealth for individuals and
society for 21st century; (zi)
to encourage industry and industry association participation through
establishment of innovation labs, in-service training centers, workshops and
active participation in all aspects of governance, curricula design, skill
training, placements, internships, consultancy, joint projects, etc; (zj)
to establish campuses, skill centers, community colleges, study centers,
information centers, test or examination centers, centers of excellence, off
campus, off shore campuses, etc., at various locations in and outside the State
and country to facilitate delivery, student services and dissemination of
education, consultancy, information and skill training with the permission of
competent regulatory body after five years of establishment; (zk)
to liaison or collaborate with various ministries, State bodies, departments,
agencies or other statutory bodies at state, national, international level in
order to understand education, skilling, employment and entrepreneurship needs
and to impart programmes accordingly; (zl)
to interact with industries for participation in curricula development, teacher
training, practical, research, on-job training, skill assessment
certifications, etc.; (zm)
to undertake necessary or expedient action to pursue and promote the objectives
of the University; (zn)
to ensure that the standard of the degrees, diplomas, certificates and other
academic distinctions conferred by a university are not lower than those laid
down by the competent regulatory body. The University shall
have the following powers and functions, namely:- (i)
to make provisions and adopt
all measures (including adoption and updating of the curricula) in respect of
study, teaching and research, relating to the courses through traditional as
well as new innovative modes including on-line education mode; (ii)
to develop curriculum
packages and credit frameworks for different levels as may be prescribed by the
University; (iii)
to define norms and
parameters of skill education, teaching and instruction, consistent with the
credit framework and curriculum packages, as the University may deem fit; (iv)
to institute and confer
degrees, diplomas, certificates, awards, grades, credits and academic
distinctions; (v)
to conduct and hold
examinations; (vi)
to take necessary action to
ensure students enrolled in programs are completing their programs and
achieving target outcomes including apprenticeship training and on-job
training; (vii)
to provide for degrees,
diplomas, certificates, equivalent or corresponding to degrees, diplomas,
certificates of other recognized Universities, Boards or Councils; (viii)
to deliver choice based
credit system courses including online credit courses; (ix)
to deliver higher vocational
skill development and training through a variety of programs leading to gainful
employment, entrepreneurship, on-job training and apprenticeship training; (x)
to offer any academic
programmes, as approved by its statutory bodies from time to time; (xi)
to take all necessary
measures for setting up campus; (xii)
to institute and confer
honorary degrees, as may be prescribed; (xiii)
to institute and award
fellowships, scholarships, studentships, as may be specified; (xiv) to
take special measures for spreading educational facilities among the
educationally backward strata of the society; (xv)
to create technical,
administrative and other necessary posts and to make appointments thereto; (xvi) to
undertake research projects on mutually acceptable terms and conditions; (xvii) to
provide consultancy services; (xviii)
to frame Statutes,
Ordinances and Regulations for carrying out the objects of the University in
accordance with the provisions of the Act; (xix) to
encourage and promote co-curricular activities for personality development of
the teachers, students and employees of the University; (xx)
to provide for dual degrees,
diplomas or certificates vis-a-vis other universities on reciprocal basis
within and outside the country as per instructions of the competent regulatory
body; (xxi) to
make such provisions for integrated courses in different disciplines of the
University; (xxii) to
set-up centers, colleges, institutions, off-campus centers, off-shore campus,
study centers, skill centers, examination centers, centers of excellence,
satellite centers as per the instructions issued by the State Government,
Central Government and competent regulatory body, from time to time; (xxiii)
to receive donations, gifts
and grants and to acquire, hold, manage and dispose of any property, movable or
immovable, including trust or endowed property within or outside the State for
the purposes and objects of the University with reference to prevailing rules
and regulations and to invest funds, as may be prescribed; (xxiv)
to prescribe the fee
structure for various programs or courses, from time to time, as per provisions
of this Act; (xxv)to
demand and receive payments of such fees and other charges, as may be
specified, from time to time; (xxvi)
to seek collaboration with
other institutions, industry, industry associations on mutually acceptable
terms and conditions; (xxvii)
to determine salaries,
remunerations, honoraria to teachers and employees of the University in accordance
with the norms specified by the competent regulatory bodies; (xxviii) to
organize and to undertake extra-mural teaching and extension services; (xxix)
to regulate and enforce
discipline among students and employees of the University and to take such
disciplinary measures as may be deemed necessary; (xxx)to
make arrangements for promoting health and general welfare of the students and
the employees of the University; (xxxi)
to co-operate with any other
University in and outside the country, authority or any public or private body
having in view the promotion of purposes and objects similar to those of the
University for such purposes, as may be agreed upon, on such terms and
conditions as may be specified, from time to time; (xxxii)
to provide for the printing,
re-printing and publication of research and other work, including text books,
which may be issued by the University; (xxxiii) to
comply with and carry out directives issued by the State Government from time
to time, with reference to above powers, duties and responsibilities of the University; (xxxiv) to
institute degrees, diplomas, certificates and other academic distinctions on
the basis of successful completion of respective degree programs and award of
credits for academic work evaluated through multiple methods of assessment; (xxxv)
to make provisions for
designing the program structures, curricula, credit system, teaching learning
methodology, evaluation pedagogy and adopt all measures in respect of study,
teaching and research, relating to the programs offered by the University, in
line with industry requirement; (xxxvi) to
prescribe norms of minimum qualification for teachers, staff and Industry
experts or resource persons to be appointed in teaching cadre and for training; (xxxvii)
to prescribe the evaluation
methodology including modalities of industry based skill assessment, industry
based projects, internships, on the job training and any related activities; (xxxviii)
to institute choice based
credit system in-line with skill development pedagogy, providing students the
facility of multi-entry exit and credit banking and transfer at all levels; (xxxix) to
establish Department of Distance and Online Learning and Continuing Education,
to offer certificate, diploma and degree programs to students and working
professionals; (xl)
to deliver blended or online
degrees in skill education with prior permission of competent authority; (xli)
to introduce online learning
programs as per needs of the students and industry; (xlii)
to purchase or to take on
lease or leave and license any land or building, premises or infrastructure
which may be necessary or convenient as the University may deem fit for
attainment of its objects; (xliii) to
conduct multiple enrollment cycles for Online Learning programs being offered
by the University; (xliv) to
institute scheme for multi-entry and multi exit, recognition of prior learning,
credit banking and transfer, credit waiver, vertical and lateral mobility and
any other such scheme which promotes skill development at large; (xlv) to
establish Department of Recognition of Prior Learning to provide equivalency
certificates, course exemptions, bridge courses, certificate of skill mapping,
flexible learning pathways, etc. to students; (xlvi) to
undertake skill assessments for the students studying in the University as well
as for other students, agencies, training providers, institutions, industry and
organizations, desirous of undertaking third party assessments; (xlvii)
to establish Vocational and
Employment Guidance Cell to interact with local industries to understand the
employment opportunities and emergent job requirements and to help students
choose a career of his or her choice through career counselling; (xlviii)
to impart career guidance
and counselling to the youth; (xlix) to
do all such things as may be necessary, incidental or conducive to the
attainment of all or any of the objects of the University. (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, nationality, religious belief or profession or political or other
opinion. (2)
The University shall adopt
Government policy and orders issued, from time to time, in regard to the
reservation for Scheduled Castes, Scheduled Tribes, Denotified Tribes (Vimukta
Jatis), Nomadic Tribes, Other Backward Classes, Special Backward Category,
Person with Disability, Economically Weaker Sections (EWS), etc. for the
purpose of admission of students in the University, University departments and
institutions. (3)
The University shall adopt
the general policy of the State Government in regard to the welfare of various
categories of students from weaker sections of the society and minorities as
directed by the State Government, from time to time. The University shall
be self-financed and it shall not be entitled to receive any grant or other
financial assistance from the State Government. (1)
The sponsoring body shall
establish a permanent statutory fund to be called the "the Endowment
Fund" for the University which shall comprise of at least ten crore rupees
which may be increased suo motu but shall not be decreased. (2)
The Endowment Fund shall be
kept as security deposit to ensure strict compliance of the provisions of this
Act, rules, Regulations, Statutes or Ordinances made thereunder. (3)
The Government shall have
the powers to forfeit, in the prescribed manner, a part or whole of the
Endowment Fund in case the University or the sponsoring body contravenes any of
the provisions of this Act, rules, Statutes, Ordinances or Regulations made
thereunder. (4)
Income from Endowment Fund
may be utilized for the development of infrastructure of the University but
shall not be utilized to meet out the recurring expenditure of the University. (5)
The amount of Endowment Fund
shall be kept invested, until the dissolution of the University, by way of long
term securities received or guaranteed by the Government subject to the
condition that the amounts so invested from the Fund shall not be withdrawn
without the permission of the Government. (6)
The certificates of the long
term securities shall be kept in the safe custody of the Government; and the
Government shall have the right to encash the deposit amount for the purpose
mentioned in sub-section (3). The University shall
also establish a fund, which shall be called the General Fund to which
following shall be credited, namely. (i)
fees and other charges
received by the University; (ii)
any contribution made by the
sponsoring body; (iii)
any income received from
consultancy and other works undertaken by the University; (iv)
bequests, donations, endowments
and any other grants; and (v)
all other sums received by
the University. The General Fund
shall be utilized for meeting of all expenses, recurring or non-recurring in
connection with the affairs of the University : Provided that, no
expenditure shall be incurred by the University in excess of the limits for
total recurring expenditure and total non-recurring expenditure for the year,
as may be fixed by the Board of Management, without the prior approval of the
Board of Management. The following shall
be the officers of the University, namely. (i)
the President who shall also
be the Chancellor; (ii)
the Vice-Chancellor; (iii)
Deans; (iv)
the Registrar; (v)
the Chief Finance and
Accounts Officer; (vi)
the Director of Assessment
and Evaluation; and (vii)
such other persons in the
service of the University, as may be declared by the Statutes, to be the
officers of the University. (1)
The President shall be
appointed by the sponsoring body for a period of five years and he shall be
eligible for re-appointment for one more term. (2)
The eligibility criteria for
the post of the President shall be minimum graduate from a recognized
University with ten years experience in skill development or industry. (3)
The President shall be the
Head of the University. (4)
The President shall preside
over at the meetings of the Governing Body and convocation of the University
for conferring degrees, diplomas or other academic distinctions. (5)
The President shall have the
following powers, namely: - (a)
to call for any information
or record from any officer or authority of the University, relating to the
affairs of the University; (b)
to appoint the
Vice-Chancellor; (c)
to remove the
Vice-Chancellor in accordance with the provisions of sub-section (7) of section
14 of this Act; (d)
such other powers as may be
specified by the Statutes. The President may be
removed from his office by the sponsoring body, if it is satisfied that the
incumbent,- (a)
become insane and stands so
declared by a Competent Court; (b)
has been convicted by a
court for any offence involving moral turpitude; (c)
become an undischarged
insolvent and stands so declared by a Competent Court; (d)
become physically unfit and
incapable of discharging the functions or duties of the office due to
protracted illness or physical disability; or (e)
has willfully omitted or
refused to carry out the provisions of this Act or has committed breach of any
of the terms and conditions of the service contract or any other conditions
laid down by the Statutes, or has abused the powers vested in him or if the
continuance of the President in the office has become detrimental to the
interests of the University : Provided that, the
President shall be given a reasonable opportunity to show cause by the
sponsoring body before taking recourse to action under clauses (d) and (e) for
his removal from the said office. (1)
The Vice-Chancellor shall be
appointed by the President, from a panel of three persons, fulfilling such
eligibility criteria and on such terms and conditions as may be specified by
Statutes, recommended by the Search-cum-Selection Committee constituted as per
the rules or regulations framed by the University Grants Commissions. The
ViceChancellor shall, subject to the provisions contained in sub-section (7),
hold office for a term of three years : Provided that, after
the expiry of the term of three years, the Vice-Chancellor shall be eligible
for re-appointment for another term of three years : Provided further
that, the Vice-Chancellor shall continue to hold office even after the expiry
of his term till new Vice-Chancellor joins, however, in any case, this period
shall not exceed one year. (2)
The Vice-Chancellor shall be
the principal executive and academic officer of the University and shall have
the powers of superintendence and control over the affairs of the University
and shall execute the decisions of various authorities of the University. (3)
The Vice-Chancellor shall
preside over at the convocation of the University in the absence of the
President. (4)
If in the opinion of the
Vice-Chancellor, it is necessary to take immediate action on any matter for
which powers are conferred on any other authority by or under this Act, he may
take such action as he deems necessary and shall at the earliest opportunity
thereafter, report his action to such officer or authority as would have in the
ordinary course dealt with the matter : Provided that, if in
the opinion of the concerned officer or authority such action should not have
been taken by the Vice-Chancellor, then such case shall be referred to the
President, whose decision thereon shall be final. (5)
If, in the opinion of the
Vice-Chancellor, any decision of any authority of the University is outside the
powers conferred by this Act or Statutes, Ordinances, Regulations or rules made
thereunder or is likely to be prejudicial to the interests of the University,
he shall request the concerned authority to revise its decision within fifteen
days from the date of decision and in case the authority refuses to revise such
decision wholly or partly or fails to take any decision within fifteen days,
then such matter shall be referred to the President and his decision thereon
shall be final. (6)
The Vice-Chancellor shall
exercise such powers and perform such duties, as may be specified by the
Statutes or the Ordinances. (7)
If at anytime upon
representation made or otherwise and after making such inquiry as may be deemed
necessary, the situation so warrants and if he continuance of the
Vice-Chancellor is not in the interests of the University, the President with
approval of Governing Body may, by an order in writing stating the reasons therein,
ask the ViceChancellor to relinquish his office from such date, as may be
specified in the order : Provided that, before
taking an action under this sub-section, the Vice-Chancellor shall be given an
opportunity of being heard. (1)
The Deans of Faculties shall
be appointed by the President in such manner and on such terms and conditions
of service as may be specified by the Statutes. (2)
The Deans shall assist the
Vice-Chancellor in managing the academic affairs of the University and shall
exercise such powers and perform such functions, as may be prescribed by the
Regulations or be entrusted by the President and Vice-Chancellor. (1)
The Registrar shall be
appointed by the President in such manner and on such terms and conditions of
service, as may be specified by the Statutes. (2)
The Registrar shall be the
chief administrative officer of the University. Subject to the decision of the
authorities of the University, he shall have the power to enter into agreement,
contract, sign documents and authenticate records on behalf of the University.
He shall exercise such powers and perform such duties, as may be specified by
the Statutes. (3)
The Registrar shall be the
Member-Secretary of the Governing Body, Board of Management and Academic
Council, but shall not have the right to vote. (4)
The Registrar shall be the
custodian of the records, the common seal and such other property of the
University as the Governing Body may commit to his charge. (5)
The Registrar shall exercise
such other powers and perform such other duties, as may be prescribed by or
under this Act, or, as may be conferred on him by the Statutes or, may be
assigned to him, by the Vice-Chancellor, from time to time. (1)
The Director of Assessment
and Evaluation shall be appointed by the President in such manner and on such
terms and conditions of service, as may be specified by the Statutes. (2)
The Director of Assessment
and Evaluation shall be the Principal officer-incharge of the conduct of
examinations and tests of the University and declarations of their results. He
shall discharge his functions under the superintendence, directions and
guidance of the Vice-Chancellor. (3)
The Director of Assessment
and Evaluation shall be a full-time salaried officer of the University and
shall work directly under the direction and control of the Vice-Chancellor of
the University. His appointment shall be for a term of five years and he shall
be eligible for re-appointment for a term not exceeding five years. The
qualifications and experience for the purpose of selection of the Director
shall be such as may be prescribed by the Statutes. (4)
The Director of Assessment
and Evaluation shall be responsible for, (a)
preparing and announcing in
advance the calendar of examinations; (b)
arrangement for printing of
question papers; (c)
arrangement for the timely
publication of result of examinations and other tests; (d)
taking disciplinary action
where necessary against the candidates, papersetters, examiners, moderators or
any other person connected with examinations and found guilty of malpractices
in relation to the examinations; (e)
reviewing, from time to
time, the results of University examinations and forward reports thereon to the
Academic Council. (5)
The Director of Assessment
and Evaluation shall exercise such other powers and perform such other duties
as may be prescribed or assigned to him. (1)
The Chief Finance and
Accounts Officer shall be the principal finance, accounts and audit officer of
the University. (2)
The Chief Finance and
Accounts Officer shall be appointed by the President in such manner and on such
terms and conditions of service, as may be specified by the Statutes. (3)
The Chief Finance and
Accounts Officer shall exercise such powers and perform such duties, as may be
specified by the Statutes. (1)
The University may appoint
such other officers, as may be necessary for its functioning. (2)
The manner of appointment of
other officers of the University, the terms and conditions of service of such
officers and their powers and functions shall be such, as may be specified by
the Statutes. The following shall
be the authorities of the University, namely. (a)
the Governing Body; (b)
the Board of Management; (c)
the Academic Council; (d)
the Board of Assessment and
Evaluation; and (e)
such other authorities, as
may be declared by the Statutes, to be the authorities of the University. (1)
The Governing Body of the
University shall consist of the following members, namely. (a)
the President; (b)
the Vice-Chancellor; (c)
five persons, nominated by
the sponsoring body out of whom two shall be eminent educationists and remaining
shall be industry experts having five years experience in skill development; (d)
one expert from outside the
University, nominated by the President; (e)
one person, nominated by the
State Government having five years experience in skill development; (f)
the Registrar of the
University shall be the permanent invitee to the Governing Body but shall not
have right to vote. (2)
The Governing Body shall be
the supreme authority of the University. (3)
The Governing Body shall
have the following powers, namely. (a)
to provide general
superintendence, quality control and directions and to control functioning of
the University by using all such powers as are provided by this Act or the
Statutes, Ordinances, Regulations or rules made thereunder; (b)
to review the decisions of
other authorities of the University in case they are not in conformity with the
provisions of this Act or the Statutes, Ordinances, Regulations or rules made
thereunder; (c)
to approve the budget and
annual report of the University; (d)
to lay down the policies
followed by the University; (e)
to recommend to the
sponsoring body about the voluntary liquidation of the University if a
situation arises when smooth functioning of the University does not remain
possible, in spite of all efforts; and (f)
such other powers as may be
prescribed by the Statutes. (4)
The Governing Body shall
meet at least thrice in a calendar year or minimum once in every four months. (5)
The quorum for meetings of
the Governing Body shall be five. (1)
The Board of Management shall
consist of the following members, namely. (a)
the Vice-Chancellor; (b)
two members of the Governing
Body, nominated by the sponsoring body; (c)
two Deans of the University,
by rotation, nominated by the Vice Chancellor; (d)
three persons, who are not
the members of the Governing Body, nominated by the sponsoring body; and (e)
three persons from amongst
the teachers, nominated by the sponsoring body. (2)
The Vice-Chancellor shall be
the Chairperson of the Board of Management. (3)
The powers and functions of
the Board of Management shall be such, as may be specified by the Statutes. (4)
The Board of Management
shall meet at least once in every two months. (5)
The quorum for meetings of
the Board of Management shall be five. (1)
The Academic Council shall
consist of the Vice-Chancellor and such other members, as may be specified by
the Statutes. (2)
The Vice-Chancellor shall be
the ex-officio Chairperson of the Academic Council. (3)
The Academic Council shall
be the principal academic body of the University and shall, subject to the
provisions of this Act and the rules, Statutes and Ordinances made thereunder,
co-ordinate and exercise general supervision over the academic policies of the
University. (4)
The quorum for meetings of
the Academic Council shall be such, as may be specified by the Statutes. (1)
The Board of Assessment and
Evaluation shall be the principal authority of the University for conducting
the examination and making policy decisions in regard to organizing and holding
examinations, schemes or policies for skill based assessments and weightage,
improving the system of Assessment and Evaluation, appointing the papersetters,
examiners, moderators, skill assessors from industry, and also to prepare the
schedule of Assessment and Evaluation and declaration of results. The Board of
Assessment and Evaluation should also oversee and regulate the conduct of
examinations in examination centers, skill centers, study centers or any center
related to the University. Explanation.-For the
purposes of this section and of section 38, the expression "schedule of
Assessment and Evaluation" means a table giving details about the time,
day and date of the commencement of each paper which is a part of a scheme of
examinations and shall also include the details about the practical
examinations. (2)
The Board of Assessment and
Evaluation shall consist of following members, namely. (a)
the Vice-Chancellor - Chairperson; (b)
two Deans of faculties of
the University, by rotation, nominated by the Vice-Chancellor-Member; (c)
one evaluation expert,
co-opted by the Board of Assessment and Evaluation Member; and (d)
the Director of Assessment
and Evaluation - Member-Secretary. (3)
The powers and functions of
the Board of Assessment and Evaluation shall be such, as may be specified in
the Statutes. The constitution,
powers and functions of other authorities of the University shall be such, as
may be specified in the Statutes. A person shall be
disqualified for being a member of any of the authorities or bodies of the
University, if he,- (i)
is of unsound mind and
stands so declared by a Competent Court; or (ii)
has been convicted of any
offence involving moral turpitude; or (iii)
is conducting or engaging
himself in private coaching classes; or (iv)
has been punished for
indulging in or promoting unfair practices in the conduct of any examination. No act or proceeding
of any authority or body of the University shall be invalid merely by reason of
any vacancy or defect in the constitution thereof. In case, there occurs
any casual vacancy, in any authority or body of the University, due to death,
resignation or removal of a member, the same shall be filled, as early as
possible, by the person or body who appoints or nominates the member, whose
place becomes vacant and person appointed or nominated to a casual vacancy
shall be a member of such authority or body for the residue of the term of such
member in whose place he has been so appointed or nominated. (1)
The authorities or officers
of the University may constitute committees with such terms of reference for
specific tasks to be performed by such committees, as may be necessary. (2)
The constitution of such
committees shall be such, as may be specified by the Statutes. (1)
The first Statutes of the
University shall, be made by the Governing Body and shall be submitted to the
Government for its approval. (2)
Subject to the provisions of
this Act and the rules made thereunder, the first Statutes of the University
may provide for all or any of the following matters, namely. (a)
the constitution, powers and
functions of the authorities and other bodies of the University, as may be
constituted, from time to time; (b)
the terms and conditions of
appointment of the Vice-Chancellor and his powers and functions; (c)
the manner of appointment
and terms and conditions of service of the Dean of Faculties, Registrar and
Chief Finance and Accounts Officer and their powers and functions; (d)
the manner of appointment
and terms and conditions of service of the employees and their powers and
functions; (e)
the procedure for
arbitration in case of disputes between employees, students and the University; (f)
the conferment of honorary
degrees; (g)
the provisions regarding
exemption of students from payment of tuition fee and for awarding to them
scholarships and fellowships; (h)
provisions regarding the
policy of admissions, number of seats in different courses including regulation
of reservation of seats; and (i)
provisions regarding fees to
be charged from the students. (3)
The Government shall
consider the first Statutes, submitted by the University and shall within four
months from the date of its receipt give its approval thereon with such
modifications, if any, as it may deem necessary. (4)
The Government shall publish
the first Statutes, as approved by it, in the Official Gazette and thereafter,
such Statutes shall come into force from the date of such publication. (1)
Subject to the provisions of
this Act and the rules made there under, the subsequent Statutes of the
University may provide for all or any of the following matters, namely. (a)
creation of new authorities
of the University; (b)
accounting policy and
financial procedure; (c)
representation of teachers
in the authorities of the University; (d)
creation of new departments
and abolition or restructuring of existing departments; (e)
institution of medals and
prizes; (f)
creation of posts and
procedure for abolition of posts; (g)
revision of fees; (h)
alteration of the number of seats
in different syllabi; and (i)
all other matters under the
provisions of this Act shall be specified by the Statutes. (2)
The Statutes of the
University other than the first Statutes shall be made by the Board of
Management with the approval of the Governing Body. (3)
The Board of Management may,
from time to time, make new or additional Statutes or may amend or repeal the
Statutes so made in the manner provided, hereinafter in this section : Provided that, the
Board of Management shall not make any Statute or any amendment of the Statutes
affecting the status, powers or constitution of any existing authority of the
University until such authority has been given an opportunity of expressing an
opinion on the proposal and any opinion so expressed shall be in writing and
shall be considered by the Governing Body. (4)
Every such Statutes or
addition to the Statutes or any amendment or repeal of the Statutes shall be
subject to the approval of the Government : Provided that, no
Statutes shall be made by the Board of Management affecting the discipline of
students and standards of instruction, education and examination except in
consultation with the Academic Council. (1)
The first Ordinances of the
University shall be made by the Governing Body and shall be submitted to the
Government for its approval. (2)
Subject to the provisions of
this Act or the rules or Statutes made thereunder, the Board of Management may
make such first Ordinances with the approval of the Governing Body as it deems
appropriate for the furtherance of the objects of the University and such
Ordinances may provide for all or any of the following matters, namely. (a)
the admission of students to
the University and their enrolment as such; (b)
the courses of study to be
laid down for the degrees, diplomas and certificates of the University; (c)
the award of the degrees,
diplomas, certificates and other academic distinctions, the minimum
qualifications for the same and the means to be taken relating to the granting
and obtaining of the same; (d)
the conditions for awarding
of fellowships, scholarships, stipends, medals and prizes; (e)
the conduct of examinations,
including the terms of office and manner of appointment and the duties of
examining bodies, examiners and moderators; (f)
fees to be charged for the
various courses, examinations, degrees and diplomas of the University; (g)
the conditions of residence
of the students in the hostels of the University; (h)
provisions regarding
disciplinary action against the students; (i)
the creation, composition
and functions of any other body which is considered necessary for improving the
academic life of the University; (j)
the manner of co-operation
and collaboration with other Universities and institutions of higher education;
and (k)
all other matters which are
required to be provided by the ordinances under the provisions of this Act or
the Statutes made there under. (3)
The Government shall
consider the First Ordinances submitted by the Vice Chancellor under
sub-section (1) and shall give its approval within four months from the date of
its receipt, with such modifications, if any, as it may deem necessary. (1)
All Ordinances other than
the First Ordinances shall be made by the Academic Council, which after being
approved by the Board of Management, shall be submitted to the Governing Body
for its approval. (2)
The Academic Council shall
either modify the Ordinances incorporating the suggestions of the Board of
Management and the Governing Body or give reasons for not incorporating the
suggestions and shall return the ordinances along with such reasons, if any.
The Board of Management and the Governing Body shall consider the suggestions
of the Academic Council and shall approve the Ordinances of the University with
or without such modification and then the Ordinances, as approved by the
Governing Body shall come into force. The authorities of
the University may, subject to the prior approval of the Board of Management,
make Regulations, consistent with the provisions of this Act, the Rules,
Statutes and the Ordinances made thereunder, for the conduct of their own
business and of the committees appointed by them. (1)
Admission in the University
shall be made strictly on the basis of merit. (2)
Merit for admission in the
University may be determined either on the basis of marks or grade obtained in
the qualifying examination for admission and achievements in co-curricular and
extra-curricular activities or on the basis of marks or grade obtained in the
entrance test conducted at State level either by an association of the
Universities conducting similar courses or by any agency of the State : Provided that,
admission in professional and technical courses shall be made only through
entrance test. (3)
Seats for admission in the
University, for the students belonging to Scheduled Castes, Scheduled Tribes,
De-notified Tribes (Vimukta Jattis), Nomadic Tribes, Other Backward Classes,
Special Backward Category, Person With Disability students and Economically
Weaker Section (EWS), shall be reserved as per the policy of the State
Government : Provided that, the
total reservation in any case shall not exceed fifty per cent. (4)
Out of the total approved
intake capacity, forty per cent. of the seats shall be reserved for the
students having domiciled in the State of Maharashtra. (1)
The University may, from
time to time, prepare its fees structure for various courses and programmes and
forward it for approval of the Fees Structure Review Committee constituted by
the State Government by the Government Resolution, issued from time to time, to
review the fees structure, for various courses and programmes of all
self-financed Skill Universities. (2)
The procedure to be adopted
by the Fees Regulating Authority and factors for determination of fees
structure provided in sections 14 and 15 of the Maharashtra Unaided Private
Professional Educational Institutions (Regulations of Admissions and Fees) Act,
2015, shall mutatis mutandis be followed by the Fees Structure Review Committee
while considering the fees structure proposal prepared by the University. (3)
The Committee shall consider
the fees structure prepared by the university, review it and shall submit its
recommendations to the Government after taking into consideration whether the
proposed fees is, (a)
sufficient for, (i)
generating resources for
meeting the recurring expenditure of the University; and (ii)
the savings required for
further development of the University; and (b)
not unreasonably excessive. (4)
After receipt of the
recommendations under sub-section (3), if the Government is satisfied that the
proposed fees structure is sufficient and reasonable, it may approve the fees
structure. If the Government is satisfied that the proposed fees structure is
not sufficient and unreasonable then, it may reject it and send it back to the
committee for its reconsideration. The fees structure approved by the
Government shall remain valid until next revision. (5)
The State Government shall
not reimburse any fees or shall not take any financial liability for students
belonging to the backward classes admitted into the University. (6)
The University shall not
charge any fees, by whatever name called, other than that for which it is
entitled under sub-section (4). (1)
No capitation fee shall be
collected by or on behalf of the University or by any person who is in charge
of, or is responsible for, the management of such institution, from or in
relation to any student in consideration of his admission to and prosecution of
any course of study or of his promotion to a higher standard or class in such
institution. (2)
Notwithstanding anything
contained in sub-section (1), the management may in good faith collect or
accept donations in cash or kind, in the prescribed manner, from benevolent
persons or organization or public trusts or any other association of persons,
for opening of new educational institutions for creation of endowment fund, for
award of scholarship, prizes or the like, but while collecting or accepting
such donations the management shall not reserve any seats in any educational
institution run by it in consideration of such donations. Where in
consideration of accepting such donations any seat is reserved for admission to
any student in such institution such acceptance of donation shall be deemed to
be collection of capitation fee, within the meaning of clause (a) of section 2
of the Maharashtra Educational Institutions (Prohibition of Capitation Fee)
Act, 1987. At the beginning of
each academic session and in any case not later than 31st July of every
calendar year, the University shall prepare and publish a semester-wise or
annual, as the case may be, Schedule of Assessment and Evaluation for each and
every course conducted by it and shall strictly adhere to such Schedule: Provided that, if for
any reason whatsoever, the University is unable to follow such Schedule, it
shall, as soon as practicable, submit a report to the Government, giving the
detailed reasons for making a departure from the published Schedule of
Assessment and Evaluation. The Government may, thereon, issue such directions,
as it may deem fit for better compliance in future. (1)
The University shall strive
to declare the results of every assessment and evaluation conducted by it
within thirty days from the last date of the assessment and evaluation for a
particular course and shall in any case declare the results latest within
forty-five days from such date : Provided that, if for
any reason whatsoever, the University is unable to finally declare the results
of any assessment and evaluation within the period of forty- five days, it
shall submit a report incorporating the detailed reasons for such delay to the
Government. The Government may, thereon, issue such directions, as it may deem
fit, for better compliance in future. (2)
No assessment and evaluation
or the results of an assessment and evaluation shall be held invalid only for
the reasons that the University has not followed the Schedule of Assessment and
Evaluation as stipulated in section 38 or that the University has failed to
declare the results within the period specified in sub-section (1). The convocation of
the University shall be held in every academic year in the manner, as may be
specified by the Statutes for conferring degrees, diplomas, awards or for any
other purpose. The University shall
obtain national or international accreditation from any such other body or
authority, as may be determined by the University, as per the contemporariness
and relevance of the marketplace after five years of existence. Notwithstanding
anything contained in this Act, the University shall be bound to comply with
all the rules, regulations, norms, etc., of the competent regulatory bodies and
provide all such facilities and assistance to such bodies, as are required by
them to discharge their duties and carry out their functions. (1)
The annual report of the
University shall be prepared by the Board of Management which shall include
among other matters, the steps taken by the University towards the fulfillment
of its objects and shall be approved by the Governing Body and copy of the same
shall be submitted to the sponsoring body. (2)
The annual report prepared
under sub-section (1) shall also be presented to the Government. (3)
The State Government shall
cause such report to be laid before each House of the State Legislature. (1)
The annual accounts
including balance sheet of the University shall be prepared under the
directions of the Board of Management and the annual accounts shall be audited
at least once in every year by the auditors appointed by the University for
this purpose. (2)
A copy of the annual
accounts together with the audit report shall be submitted to the Governing
Body. (3)
A copy of the annual
accounts and audit report along with the observations of the Governing Body
shall be submitted to the sponsoring body. (4)
Copies of annual accounts
and balance sheet prepared under sub-section (1) shall also be presented to the
Government. (5)
The advice of the
Government, if any, arising out of the accounts and audit report of the
University shall be placed before the Governing Body and the Governing Body
shall issue such directions, as it may deem fit and compliance thereof shall be
reported to the Government. (1)
For the purpose of
ascertaining the standards of teaching, assessment and evaluation and research
or any other matter relating to the University, the Government may, after
consultation with the President and Vice-Chancellor, cause an assessment to be
made in such manner, as may be prescribed, by such person or persons, as it may
deem fit. (2)
The Government shall
communicate to the University its recommendations in regard to the result of
such assessment for corrective action and the University shall take such
corrective measures as are necessary, so as to ensure the compliance of the
recommendations. (3)
If the University fails to
comply with the recommendations made under sub-section (2) within a reasonable
time, the Government may give such directions, as it may deem fit which shall
be binding on the University. (1)
The sponsoring body may
dissolve the University by giving a notice to this effect to the Government,
the employees and the students of the University at least one year in advance: Provided that,
dissolution of the University shall have effect only after the last batches of
students of the regular courses have completed their courses and they have been
awarded degrees, diplomas or awards, as the case may be. (2)
On the dissolution of the
University all the assets and liabilities of the University shall vest in the
sponsoring body : Provided that, in
case the sponsoring body dissolves the University before fifteen years of its
establishment, all assets of the University without liabilities and free from
all encumbrances shall vest with the State Government, who shall utilize it for
educational purposes only. (1)
If it appears to the
Government that the University has contravened any of the provisions of this
Act or the rules, Statutes or Ordinances made there under or has contravened
any of the directions issued by it under this Act or has ceased to carry out
any of the undertakings given under section 5 of this Act or a situation of
financial mis-management or mal-administration has arisen in the University, it
shall issue notice requiring the University to show cause within forty-five
days as to why an order of its liquidation should not be made. (2)
If the Government, on
receipt of reply of the University on the notice issued under sub-section (1),
is satisfied that, there is a prima facie case of contravention of all or any
of the provisions of this Act or the rules, Statutes or Ordinances made
thereunder or of contravention of the directions issued by it under this Act or
of ceasing to carry out the undertaking given under section 5 of this Act or of
financial mis-management or maladministration, it shall make an order of such
enquiry, as it may consider necessary. (3)
The Government shall, for
the purpose of any enquiry under sub-section (2), appoint an inquiry officer or
officers to inquire into any of the allegations and to make report thereon. (4)
The Enquiry Officer or
officers appointed under sub-section (3) shall have the same powers as are
vested in a civil court under the Code of Civil Procedure, 1908, while trying a
suit in respect of the following matters, namely: (a)
summoning and enforcing the
attendance of any person and examining him on oath; (b)
requiring the discovery and
production of any such document or any other material as may be predicable in
evidence; (c)
requisitioning any public
record from any court or office; and (d)
any other matter which may
be prescribed. (5)
The inquiry officer or
officers, inquiring under this Act, shall be deemed to be a civil court for the
purposes of section 195 and Chapter 26 of the Code of Criminal Procedure, 1973. (6)
On receipt of the enquiry
report from the officer or officers appointed under sub-section (3), if the
Government is satisfied that the University has contravened all or any of the
provisions of this Act or the rules, Statutes, or Ordinances made thereunder or
has violated any of the directions issued by it under this Act or has ceased to
carry out the undertakings given by it under section 5 of this Act, or a
situation of financial mismanagement or mal-administration has arisen in the
University which threatens the academic standard of the University, it shall
issue a preliminary order for the liquidation of the University and appoint an
administrator. (7)
The administrator appointed
under sub-section (6) shall have all the powers and be subject to all the
duties of the Governing Body and the Board of Management under this Act and
shall administer the affairs of the University until the last batch of the
students of the regular courses have completed their courses and they have been
awarded degrees, diplomas or awards, as the case may be. (8)
After having awarded the
degrees, diplomas or awards, as the case may be, to the last batches of the
students of the regular courses, the administrator shall make a report to this
effect to the Government. (9)
On receipt of the report
under sub-section (8), the Government shall, by notification in the Official
Gazette, issue a final order dissolving the University and from the date of
publication of such notification, the University shall stand dissolved and all
the assets and liabilities of the University shall vest in the sponsoring body
from such date. (1)
Immediately after the
commencement of this Act, there shall be established a Secretary Level
Committee in order to verify and ensure compliance of the requirements to the
guidelines relating to the establishment of self-financed skills universities,
framed by the State Government, from time to time; and of the undertakings
submitted by the sponsoring body. The committee shall consist of the
Secretaries-in-charge of the Skill, Employment, Entrepreneurship and Innovation
Department, the Finance Department and the Planning Department. (2)
The committee constituted
under sub-section (1), shall submit its report to the Government. (3)
On receipt of the report
under sub-section (2), the State Government shall, publish a notification in
the Official Gazette allowing the operationalization of the University. (4)
The University shall admit
the students only after issuance of the notification under sub-section (3). The Secretary Level
Committee established under sub-section (1) of section 48 of this Act may,
carry out an inspection of the University as and when directed by the
Government and verify and ensure compliance of the requirements of the
guidelines issued by the State Government or the Central Government, from time
to time, relating to the establishment of self-financed skills universities and
compliance of the provisions of the relevant laws for the time being in force. Any contravention of
any of the provisions of this Act, shall be an offence and the University as
well as officers of the University specified under section 11 shall be punished
with imprisonment for a term which shall not be less than three months but
which may extend to one year and fine not less than rupees fifty thousand which
may extend to rupees five lakhs: Provided that,
nothing in this section shall be construed as preventing the Government from
initiating any action, whether civil or criminal, for non-compliance of the
provisions of this Act including proceedings for liquidation of the University. (1)
Where an offence under this
Act, or the rules made thereunder, is committed by a company, every person who
at the time when the offence was committed, was in- charge of, and was
responsible to the company for the conduct of the business of the company, as well
as the company, shall be deemed to be guilty of the offence and shall be liable
to the proceeded against and punished accordingly : Provided that,
nothing contained in this sub-section shall render any person liable to any
punishment, if he proves that the offence was committed without his knowledge
or that he had exercised all due diligence to prevent the commission of such
offence. (2)
Notwithstanding anything
contained in sub-section (1), where any offence under this Act or the rules
made thereunder, has been committed by a company with the consent or connivance
of, or is attributable to or on the part of, any Director, Manager, Secretary
or other Officer or servant of the company, such Director, Manager, Secretary
or other officer or servant concerned shall also be deemed to be guilty of that
offence and shall be liable to be proceeded against and punished accordingly. Explanation.-For the
purposes of this section,- (a)
"Company" means a
body corporate and includes a trust, a firm, society, an institution or other
association of individuals; and (b)
"Director" in
relation to, (i)
A firm means a partner in
the firm; (ii)
A society, a trust, an
institution or other association of persons, or body of individuals, means the
person who is interested under the rules or bye-laws of the society, trust,
institution or other association or body with the management of the affairs of
the society, trust, institution or other association or body, as the case may
be. (1)
The Government may, by
notification in the Official Gazette, make rules to carry out the purposes of
this Act. (2)
Without prejudice to the
generality of the foregoing power, such rules may provide for all or any of the
following matters, namely: (a)
matters to be prescribed
under clause (d) of sub-section (4) of section 47; (b)
any other matter which is
required to be, or may be, prescribed by rules. (3)
All the rules 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 they are so laid or the sessions
immediately following, both Houses agree in making any modification to the rule
or both Houses agree that the rule should not be made, the rule shall from the
date of publication of a 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 previously
done or omitted to be done thereunder. (1)
If any difficulty arises in
giving effect to the provisions of this Act, the Government may, as occasion
arises, by an order published in the Official Gazette, do anything not
inconsistent with the provisions of this Act, which appears to it to be
necessary or expedient for removing the difficulty: Provided that, no
such order shall be made after the expiry of a period of two years from the
date of commencement of this Act. (2)
Every order made under
sub-section (1), shall be laid, as soon as may be, after it is made, be laid
before each House of the State Legislature.Universal
Skilltech University, Vasai Act, 2023