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[Cites 0, Cited by 72] [Entire Act]

State of Maharashtra - Section

Section 109 in Maharashtra Public Universities Act, 2016

109. Procedure for permission for opening new college or new course, subject, faculty, division.

(1)The proposal for opening of new colleges or institutions of higher learning or for starting new courses of study, subjects, faculties, additional divisions or satellite centers, shall be invited and considered by the university.
(2)No application for opening a new college or institution of higher learning, which is not in conformity with the perspective plan prepared under section 107 shall be considered by the university.
(3)
(a)The Management seeking a Letter of Intent for opening a new college or institution of higher learning shall apply in a prescribed format to the Registrar of the university before the last day of September of the year preceding the year in which the Letter of Intent is sought;
(b)only those applications complying with the requirements and received within the prescribed time limit, shall be accepted and considered by the university;
(c)all such applications received within the aforesaid prescribed time limit, shall be scrutinized by the Board of Deans and be forwarded to the State Government with the approval of the Management Council on or before 30th November of the year in which such application is received by the university. The university shall submit alongwith the application, its recommendation, duly supported by relevant reasons, as are deemed appropriate by the Management Council;
(d)out of the applications recommended by the university, the State Government may grant a Letter of Intent on or before 31st January of the immediately following year after the recommendations of the university under clause (c). The Letter of Intent may be granted to such institutions as the State Government may consider fit and proper in its absolute discretion, taking into account the relevant factors, the suitability of the management seeking Letter of Intent, state level priority with regard to location of institutions of higher learning, etc. The Letter of Intent shall be communicated by the State Government to the university, on or before the date specified in this clause:
Provided, however, that in exceptional cases and for the reasons to be recorded in writing any application not recommended by the university may be approved by the State Government for grant of a Letter of Intent to college or institutions of higher learning;[Provided further that, for the first academic year, immediately after the commencement of this Act with a view to facilitate the universities to decide the applications for permission for opening of new College the dates referred to in clauses (a), (c) and (d) of sub-section (3) as specified in column (2) of the Table hereto shall be read as provided in column (3) of the said Table:-
Clauses For the date existing provision Date for the Academic Year 2017-18
(1) (2) (3)
(a) Last day of September of the Year. 15th December, 2017.
(b) Before 30th of November of the year. Before 15th January, 2018.
(c) Before 31st January of the immediately followingyear. Before 28th February, 2018.]
[Inserted by Maharashtra Act No. 27 of 2018, dated 6.4.2018.]
(e)such Letter of Intent granted by the State Government shall be valid up to 31st January of the next following year. The management shall have to comply with the necessary conditions mentioned in the Letter of Intent, within such period and submit compliance report to the university with the present status of the academic and infrastructure facilities and readiness to start the institutions with required documents for final approval;
(f)Such compliance report received within aforesaid time-limit, shall be scrutinized by the Board of Deans and be forwarded to the State Government with the approval of the Management Council on or before, 1st day of May in which the compliance report has been received. The recommendation of the Board of Deans and approved by the Management Council shall be duly supported by relevant reasons as are deemed appropriate by Management Council:
Provided that, if the management fails to comply with the conditions of Letter of Intent, within the time limit as specified in clause (e), the Letter of Intent shall be deemed to have been lapsed:Provided however that, in exceptional cases and reasons to be recorded in writing, the State Government may, on application by the management duly processed by the university, extend from time to time, the validity of Letter of Intent for further period which shall not exceed twelve months in the aggregate;
(g)after considering the report of the university under clause (f), the State Government may grant final approval to such management as it may consider fit and proper in its absolute discretion, taking into account the State Government's budgetary resources, and other relevant factors, the suitability of management seeking permission to open new institution, etc. The final approval under this clause may be granted on or before 15th June, of the year in which such new college or institutions are proposed to be started. Such approval from the State Government shall be communicated to the university. Approvals granted thereafter shall be given effect by the university only in the subsequent academic year:
Provided however that, in exceptional cases and for the reasons to be recorded in writing any compliance report on the Letter of Intent, which is not recommended by the university, may be approved by the State Government.
(4)
(a)The management seeking permission to start a new course of study, subjects, faculties, additional divisions or satellite centers shall apply in a prescribed format to the Registrar of the University before the last day of the September, of the year preceding the year in which the permission is sought;
(b)only those applications complying with the requirement and received within the prescribed time limit shall be accepted and considered by the university;
(c)all such applications received within the aforesaid prescribed time limit, shall be scrutinized by the Board of Deans and be forwarded to the State Government with the approval of Management Council on or before the 1st day of April of the year, with such recommendation duly supported by relevant reasons as are deemed appropriate by the Management Council;
(d)out of the applications recommended by the university, the State Government may grant permission on or before 15th June of the year to such institutions as it may consider fit and proper in its absolute discretion, taking into account other relevant factors, the budgetary resources of the State Government and other relevant factors, the suitability of the management seeking permission, etc. The permission shall be communicated by the State Government to the university, on or before the date specified in this clause:
Provided however that, in exceptional cases and for the reasons to be recorded in writing any application not recommended by the university may be approved by the State Government.
(5)No application shall be entertained directly by the State Government for grant of Letter of Intent, under sub-section (3) or final approval under sub-section (4), as the case may be.
(6)The application for starting new course of study, subject, faculty or additional division or satellite center by existing colleges or institutions of Higher learning, shall not be forwarded to the State Government by the university, if,-
(a)they have not been accredited or re-accredited either from National Assessment and Accreditation Council or National Board of Accreditation even though they are eligible and due for being accredited or re-accredited as per the norms of accreditation agencies; and
(b)they have not complied with the conditions laid down by the State Government.
(7)Notwithstanding anything contained in this Act or any other law for the time being in force,-
(a)no management shall establish or open a new college or an institution of higher learning in the State, except with the prior permission of the State Government;
(b)no management shall start a new course of study or subjects, faculty, additional division or satellite centers except with the prior permission of the State Government.
Explanation. - For the purpose of this sub-section, the expressions "establish or open a new college or an institution of higher learning" and "start a new course of study, subject, faculty, additional division or satellite center" shall include establishing or opening of such college or institution of higher learning, and starting of any such course of study, subject, faculty, additional division, or satellite center, on the basis of no grant-in aid from the State Government.
(8)In case of extraordinary situations which warrant starting of new divisions of particular faculties, the State Government, with reasons to be recorded in writing, shall have the authority to declare and adopt the fast track system of grant of permission to start such new divisions and the norms and procedures related thereto:Provided that, the procedure for grant of permission in such extraordinary situations shall be completed not later than 31st August of the Academic Year in which such new divisions are to be started:Provided further that, the applications for starting of new divisions under the fast track system shall be duly processed by the university. On the compliance of necessary conditions, if the University recommends to the Government the proposal for starting such new divisions, then such permission shall be deemed to have been accorded by the State Government if no adverse communication of any nature is issued by the State Government up to 31st August of the Academic Year in which such new divisions are to be started.
(9)The State Government, for the purpose of giving effect to the provisions of sub-section (3) or sub-section (4), as the case may be, may by notification in the Official Gazette, lay down the procedure to be followed for the purposes under the said sub-sections.