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[Cites 0, Cited by 11] [Entire Act]

State of Maharashtra - Section

Section 115 in The Maharashtra Universities Act, 1994

115. Repeal and savings.

(1)On and from the date of commencement of this Act, -
(a)the Bombay University Act, 1974;
(b)the Poona University Act, 1974;
(c)the Shivaji University Act, 1974;
(d)the Dr. Babasaheb Ambedkar Marathwada University Act, 1974;
(e)the Nagpur University Act, 1974;
(f)the Shreemati Nathibai Damodar Thackersey Women's University Act, 1974;
(g)the Amravati University Act, 1983;
(h)the North Maharashtra University Act, 1989;
shall stand repealed.
(2)Notwithstanding the repeal of the said Acts,-
(i)any person holding office immediately before the commencement of this Act as Vice-Chancellor of an existing university shall, on such commencement, to be the Vice-Chancellor of the corresponding university and shall continue to hold the said office till his term of office as Vice-Chancellor of the existing university would have expired had he continued to be as such unless he ceases to be the Vice-Chancellor by reason of death, resignation or otherwise before the expiry of his term of office as aforesaid and shall exercise all the powers and perform all the duties conferred and imposed on the Vice-Chancellor of the corresponding university by or under this Act;
(ii)all colleges which stood affiliated to any existing university immediately before the commencement of this Act, shall be deemed to be affiliated to the corresponding university under this Act till their affiliations is withdrawn by the corresponding university under this Act;
(iii)all other educational institutions which were entitled to any privileges of any existing university shall be entitled to similar privileges of the corresponding university;
(iv)all property, movable or immovable, and all rights, interest of whatsoever kind, powers and privileges of any existing university shall stand transferred to and shall, without further assurance, vest in the corresponding university and be applied to the objects and purpose for which the corresponding university is constituted;
(v)all benefactions accepted or received by any existing university and held by it immediately before the commencement of this Act, shall be deemed to have been accepted or received or held by the corresponding university under this Act, and all the conditions on which such benefactions were accepted or received or held shall be deemed to be valid under this Act, notwithstanding that such conditions may be inconsistent with any of the provisions of this Act;
(vi)all debts, liabilities ana obligations incurred before the commencement of this Act, and lawfully subsisting against any existing university, shall be discharged and satisfied by the corresponding university;
(vii)any will deed or other document made before the commencement of this Act, which contains any bequest, gifts, term or trust in favours of an existing university shall, on and from the commencement of this Act, be construed as if the corresponding university is named therein instead of the existing university;
(viii)all references in any enactment or other instruments issued under any enactment, to any existing university shall be construed as references to the corresponding university;
(ix)the appointment of examiners validly made under the said Acts and subsisting immediately before the commencement of this Act, shall be deemed to have been made under and for the purposes of this Act for the corresponding university, and such examiners shall continue to hold office and to act until fresh appointments are made under this Act;
(x)the teachers, who were recognised teachers of the university under the said Acts in respect of any of the existing university immediately before the commencement of this Act, shall be deemed to be recognised teachers of the corresponding university under and for the purposes of this Act and shall continue to be such recognised teachers until fresh recognitions are granted under this Act,
(xi)the registered graduates, whose names were entered in the register of graduates maintained by the existing university immediately before the commencement of this Act, shall be deemed to be registered graduates of the corresponding university and for the purposes of this Act and the register so maintained and the registered graduates whose names are so entered therein, shall continue to be in the register maintained by the corresponding university and the registered graduates to be the registered graduates;
(xii)all Statutes and Ordinances made under the said Acts in respect of any existing university shall, in so far as they are not inconsistent with the provisions of this Act, continue in force and be deemed to have been made under this Act in respect of the corresponding university by the Senate or the Management Council, as the case may be of that university, until they are superseded or modified by the Statutes made under this Act;
(xiii)all Regulations and Rules made by the Management Council, the Academic Council or the Faculties or other authorities of any existing universities shall, in so far as they are not inconsistent with the provisions of this Act, continue in force and be deemed to have been made under this Act by the Management Council, the Academic Council, the Faculties or authority, as the case may be, of the corresponding university, until they are superseded or modified by the Regulations or rules made under this Act;
(xiv)a standard code, if any, prescribed under the said Acts shall be deemed to have been prescribed under this Act shall, save as otherwise provided by or under this Act, continue to remain in force, until it is superseded in accordance with the provisions of this Act;
(xv)all notices and orders made or issued by any authority under any of the said Acts shall in so far as they are not inconsistent with the provisions of this Act, continue in force and be deemed to have been made or issued by corresponding university until they are superseded or modified under this Act;
(xvi)the College Tribunal constituted under any of the existing University Acts and existing on the date of commencement of this Act shall continue to function as such till the constitution by the State Government for such University, and College Tribunal under this Act and on the date of constitution of the University and College Tribunal for such University, all the disputes or matters or appeals pending before such College Tribunal shall stand transferred to such University and College Tribunal and shall be dealt with and disposed of by such University and Collage Tribunal:
Provided that, no Statutes, Ordinances, Regulations, Rules, Notices or Orders made or issued under any of the Acts repealed by this section and in force immediately before the commencement of this Act, shall be deemed to be inconsistent with the provisions of this Act by reason only that the power to make or issue such Statute, Ordinance, Regulation, Rule, Notice or Order under this Act vests in a different authority or body or officer, or that the subject matter thereof is permissible only under a different form of subordinate legislation or instrument to be made under this Act.[[115A. Temporary provision for admission to first year Engineering, Technology, Architecture and Pharmacy for North Maharashtra University and University of Pune area. [This section was Inserted by Maharashtra 13 of 2000, section 2.]-Notwithstanding anything contained in this Act or the statutes or the rules made thereunder, for the purposes of admission to the first year degree courses in Engineering, Technology, Architecture and Pharmacy, the area of the North Maharashtra University and the University of Pune shall for a period of not exceeding two years including the academic year 2002-2003, be treated as single University area] ].