Incorporation of universities.

§3

Summary

(1) Each of the existing public universities specified in column (1) of Part I of 1[the Schedule A], with effect from the date of commencement of this Act, shall be deemed to be constituted under this Act for the same area specified in column (2) 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 2[the Schedule A]; 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 (2) of Part I, or in column (2) of Part II, as the case may be, of 3[the Schedule A], shall stand amended accordingly, and all educational institutions, whether colleges, institutions, autonomous or empowered autonomous colleges, empowered autonomous cluster institutions, post-graduate departments, schools on the sub-campuses, by whatever name called, within the area of the new university, which are affiliated to or recognized by the existing university shall, from the date aforesaid, stand affiliated to or recognized by the new university: Provided that, no such notification shall be issued except on a resolution passed by both Houses of the State Legislature. (3) Notwithstanding anything contained in sub-section (2), if, in the exigency of circumstances the new university considers it expedient that certain privileges of the existing university to which such educational institutions as referred to in sub-section (2), were entitled immediately before the date specified under the said sub-section, should be continued for a certain period, not exceeding a period of five years in the aggregate, after the date aforesaid, the new university may accordingly forward its recommendations to the State Government and on receipt of such recommendations the State Government may, if it is satisfied that such privileges should be so continued, by notification in the Official Gazette, provide that for such period, as may be specified in the notification, such privileges shall continue. (4) The Chancellor, Vice-Chancellor, Pro-Vice-Chancellor, Registrar, members of the Senate, Management Council and Academic Council for the time being holding office as such in each university are hereby constituted and declared to be a body corporate by the name specified therefor in 4[the Schedule A] and shall have perpetual succession and a common seal and may by that name sue and be sued. (5) Each university shall be competent to acquire and hold property, both movable and immovable, to lease, sell or otherwise transfer or dispose of any movable or immovable property, which may vest in or be acquired by it for the purposes of the university, and to contract and do all other things necessary for the purposes of this Act: Provided that, no such lease, sale or transfer of such property shall be made without the valuation made thereof by the approved valuer appointed by the university and without the prior consent of the State Government. 5[(6) Notwithstanding anything contained in this Act,- (a) each of the existing cluster university specified in column (1) of Part I of the Schedule B shall, with effect from the date on which it is constituted, before the date of commencement of the Maharashtra Public Universities (Amendment) Act, 2022 (Mah. XXXIV of 2022) be a public university and be deemed to be constituted under this Act consisting of the lead college or institution and constituent colleges or institutions as specified in columns (2) and (3) of the said Part; (b) the State Government may, by notification in Official Gazette,- (i) constitute a cluster university comprising of cluster of Government colleges or Government institutions of Government aided colleges or Government aided institutions, fulfilling such norms or criteria as laid down by the Central Government therefor and complying the terms and conditions laid down by the Government, from time to time, and shall specify therein the lead college or institution and constituent colleges or institutions of such university; (ii) amend or insert necessary entry regarding cluster University in Part I or Part II of the Schedule B, as the case may be; and thereupon, the said Schedule shall stand amended accordingly; (iii) provide that such cluster university shall comprise of such university authorities and shall exercise such powers and perform such functions of university as may be specified in the notification; (iv) provide for such other supplemental, incidental and consequential provisions as the State Government may deem necessary, as may be specified in the notification: Provided that, every such notification shall be laid as soon as may be, after it is issued, before each House of the State Legislature.]

(1) Each of the existing public universities specified in column (1) of Part I of 1[the Schedule A], with effect from the date of commencement of this Act, shall be deemed to be constituted under this Act for the same area specified in column (2) 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 2[the Schedule A]; 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 (2) of Part I, or in column (2) of Part II, as the case may be, of 3[the Schedule A], shall stand amended accordingly, and all educational institutions, whether colleges, institutions, autonomous or empowered autonomous colleges, empowered autonomous cluster institutions, post-graduate departments, schools on the sub-campuses, by whatever name called, within the area of the new university, which are affiliated to or recognized by the existing university shall, from the date aforesaid, stand affiliated to or recognized by the new university: Provided that, no such notification shall be issued except on a resolution passed by both Houses of the State Legislature. (3) Notwithstanding anything contained in sub-section (2), if, in the exigency of circumstances the new university considers it expedient that certain privileges of the existing university to which such educational institutions as referred to in sub-section (2), were entitled immediately before the date specified under the said sub-section, should be continued for a certain period, not exceeding a period of five years in the aggregate, after the date aforesaid, the new university may accordingly forward its recommendations to the State Government and on receipt of such recommendations the State Government may, if it is satisfied that such privileges should be so continued, by notification in the Official Gazette, provide that for such period, as may be specified in the notification, such privileges shall continue. (4) The Chancellor, Vice-Chancellor, Pro-Vice-Chancellor, Registrar, members of the Senate, Management Council and Academic Council for the time being holding office as such in each university are hereby constituted and declared to be a body corporate by the name specified therefor in 4[the Schedule A] and shall have perpetual succession and a common seal and may by that name sue and be sued. (5) Each university shall be competent to acquire and hold property, both movable and immovable, to lease, sell or otherwise transfer or dispose of any movable or immovable property, which may vest in or be acquired by it for the purposes of the university, and to contract and do all other things necessary for the purposes of this Act: Provided that, no such lease, sale or transfer of such property shall be made without the valuation made thereof by the approved valuer appointed by the university and without the prior consent of the State Government. 5[(6) Notwithstanding anything contained in this Act,- (a) each of the existing cluster university specified in column (1) of Part I of the Schedule B shall, with effect from the date on which it is constituted, before the date of commencement of the Maharashtra Public Universities (Amendment) Act, 2022 (Mah. XXXIV of 2022) be a public university and be deemed to be constituted under this Act consisting of the lead college or institution and constituent colleges or institutions as specified in columns (2) and (3) of the said Part; (b) the State Government may, by notification in Official Gazette,- (i) constitute a cluster university comprising of cluster of Government colleges or Government institutions of Government aided colleges or Government aided institutions, fulfilling such norms or criteria as laid down by the Central Government therefor and complying the terms and conditions laid down by the Government, from time to time, and shall specify therein the lead college or institution and constituent colleges or institutions of such university; (ii) amend or insert necessary entry regarding cluster University in Part I or Part II of the Schedule B, as the case may be; and thereupon, the said Schedule shall stand amended accordingly; (iii) provide that such cluster university shall comprise of such university authorities and shall exercise such powers and perform such functions of university as may be specified in the notification; (iv) provide for such other supplemental, incidental and consequential provisions as the State Government may deem necessary, as may be specified in the notification: Provided that, every such notification shall be laid as soon as may be, after it is issued, before each House of the State Legislature.]

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