Section 82 in The Maharashtra Universities Act, 1994
82. Procedure for permission.
- [(1) The university shall prepare a perspective plan, and get the same approved by the State Council for Higher Education for educational development for the location of colleges and Institutions of higher learning in a manner ensuring equitable distribution of facilities for Higher Education having due regard, in particular, to the needs of unserved and under-developed areas within the jurisdiction of the university. Such plan shall be prepared by the Board of College and University Development, and shall be placed before the Academic Council and the Senate through the Management Council and shall, if necessary, be updated every year.] [This sub-section was substituted by Maharashtra 55 of 2000, section 48(a)](2)No application for opening a new college or institution of higher learning, which is not in conformity with such plan shall be considered by the university.(3)The managements seeking permission to open a new college or institution of higher learning shall apply in the prescribed form to the Registrar of the university before the last day of October of the year preceding the year from which the permission is sought.(4)All such applications received within the aforesaid prescribed time limit, shall be scrutinised by the Board of College and University Development and be forwarded to the State Government with the approval of the Management Council [on or before the first day of May of the year], [These words were substituted for the words 'on or before the last day of December of the year' by Maharashtra 16 of 2011, section 2(a), (w.e.f. 14-2-2011).] with such recommendations (duly supported by relevant reasons) as are deemed appropriate by the Management Council.(5)Out of the applications recommended by the university, the State Government may grant permission to such Institutions as it may consider right and proper in its absolute discretion, taking into account the State Government's budgetary resources, the suitability of the managements seeking permission to open new institutions and the State level priorities with regard to location of institutions of higher learning: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 starting a new college or institution of higher learning:[Provided further that, from the [academic year 2011-2012], [This proviso was added by Maharashtra 55 of 2000, section 48(b).] such permission from the State Government shall be communicated to the university [on or before 15th June of the year] [These words and figures were substituted for the words and figures 'on or before 15th July of the year' by Maharashtra 16 of 2011, section 2(b)(ii), (w.e.f. 14-2-2011] in which the new college is proposed to be started. Permission received thereafter shall be given effect by the university only in the subsequent academic year.] [This sub-section was substituted by Maharashtra 55 of 2000, section 38.](5A)[ Notwithstanding anything contained in the second proviso to sub-section (5), for the academic year 2011-2012, such permission from the State Government shall be communicated to the university on or before 20th August, 2011 and shall be given effect by the university in the same academic year.] [Sub-section (5A) was inserted by Maharashtra 28 of 2011, section 2 (w.e.f. 12-8-2011)](5B)[ Notwithstanding anything contained in this Act or any other law for the time being in force, on and from the date of commencement of the Maharashtra Universities (Second Amendment) Act, 2013,-(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, subject, faculty or additional division, except with the prior permission of the State Government.Explanation. - For the purposes 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 or additional division", shall include establishing or opening of any such college or an institution of higher learning, and starting of any such course of study, subject, faculty or additional division, on the basis of no grant-in-aid from the State Government.(5C)Notwithstanding anything contained in the second proviso to sub-section (5), for the academic year 2013-2014, such permission from the State Government shall be communicated to the university on or before the 15th July 2013 and shall be given effect by the university in the same academic year.] [Sub-section (5B) and (5C) were inserted by Maharashtra 17 of 2013, section 2 (w.e.f. 21-6-2013).](6)No application shall be entertained directly by the State Government for the grant of permission for opening new college or institutions of higher learning.
