1 THE MAHARASHTRA PUBLIC UNIVERSITIES ACT 2016 A presentation by Adv (Dr THE MAHARASHTRA PUBLIC UNIVERSITIES ACT 2016 A presentation by Adv (Dr.) Santosh A. Shah, Legal Advisor, Shivaji University, Kolhapur
2 To regulate human conduct and To deal with mischief in society.> OBJECT OF ANY LAW : To regulate human conduct and To deal with mischief in society. > INDIAN EDUCATION SYSTEM IS OVER REGULATED BUT UNDER GOVERNED.
3 DR. NIGAVEKAR COMMITTEE REPORT –The University needs to have an open, flexible and transparent governance and administrative structure. It should also cultivate financial independence and a mechanism for quality and social audit.
4 PANDIT JAWAHARLAL NEHRU-A University stands for humanism, for tolerance, for reason, for adventure of ideas and search for truth. It stands for onward march of human race towards even higher objectives. If the Universities discharge their duties adequately then it is well with the nation and the people.
5 PREAMBLE OF 2016 ACT : Academic autonomy & ExcellenceAdequate representation through democratic process Transformation, strengthening and regulating higher education Participation of Universities in social and education spheres. Establishment of Maharashtra State Education of higher education and development. To constitute various boards To repeal the Maharashtra Universities Act, 1994.
6 PROVISIONS RELATING TO DISPUTE RESOLUTIONSec. 9 : Chancellor and his powers Sec. 48 (5) (a, b ) : Powers and duties of Board of examination : To investigate and take disciplinary action relating to – failure to comply with the order of University for rendering assistance or service in respect of examinations. lapses on the part of candidates, paper setters, examiners, moderators, referees, teachers or any other persons connected with the examinations by a committee. Report of the committee to the Vice- Chancellor and the Director Board of Examination and evaluation shall take disciplinary action as per the decision of the Vice- Chancellor. The decision of the lapses Committee will therefore not come before the Board of Examinations.
7 SEC. 64 ( F & G) : DIS-QUALIFICATION FOR MEMBERSHIP OF AUTHORITYAdditional grounds – Wilful omission of refusal to carry out the provisions of the Act, Statutes or ordinances or has acted in any manner detrimental to the interest of the University. Has been punished in any form by the competent authority for committing a mis-conduct.
8 SEC.79 : GRIEVANCES COMMITTEE :Does not apply to grievances against the State Government Members : Chairperson : Retired Judge not below the rank of the District Judge nominated by the Vice- Chancellor Law officer of the University member secretary
9 Sec. 81 (1) (b) : Right of appeal to University & College Tribunal :Decision of the grievances committee.
10 SEC. 6 : SECOND PROVISO : Provision to establish sub campuses or centre or institutions in any foreign country on its own or in collaboration with any other Indian or foreign University or institution with the prior sanction of the Central and the State Government.
11 SEC. 8 : CONTROL OF STATE GOVERNMENT ON UNIVERSITIES :Power of State Government to calls inspection of any affiliated, conducted or autonomous collage, recognized institution or University department.
12 SEC. 12 : VICE CHANCELLORS POWERS :Power to accord recognition as qualified teachers to the experts from the field of application oriented industries or companies and domain specific experts in various professional skills, working as training experts in private skills education providers and empowered skill development colleges. Recommend to the State Government temporarily alternative arrangements in the interest of students to run the day today academics and activities of the management of an affiliated college, institution or autonomous college of empowered autonomous colleges or cluster of institutions in case of disputes, criminal acts by the management, mis- management.
13 SEC. 29 : FUNCTIONS AND DUTIES OF SENATE :To approve comprehensive perspective plan and annual plan for location of colleges and institutions of higher learning as recommended by the Academic Council. To review and adopt the report of students, grievance reddressal report to be presented by the Registrar of the University.
14 Sec. 102 (9) : Selection and appointment of University teachers :absorption of surplus teachers from other Universities Sec 112 : Recognition of private education provider Sec 113 : Recognition to empowered autonomous skills development colleges Sec. 118 : Shifting college location within the same district within the periphery of 5 Kms. Sec. 119 : Transfer of management of colleges and institutions Chap XVI : Transitory provisions :
15 Reintroduction of university elections, setting up of students’ development councils (SDCs), choice-based credit system, cutting down of political appointments through nomination of experts, increasing social reservations in various university bodies, special emphasis on skill development, uniform regulatory regimen for all universities and introduction of modern accounting system. S14(6)(d), S.23(3)(k), S.67, S71(13), S.99(11)
16 To increase the say of students in university affairs, the Act proposes to appoint previous year’s topper in a particular faculty as a member of that faculty’s board of studies, nominating the president of university students’ council as invitee member of the management council, special exams for students required to participate in inter-university, national, international sports and cultural events, National Service Scheme and Rashtriya Chatrasena programmes etc. Among the major new suggestion is reintroduction of college and university election from the next academic session. S.28(q), S.30(6), S.40(e), S.99(g)
17 The Act proposes to strike a balance between elections and nominations to various university bodies to stamp out nominations of vested interests. Nominations will now be done after election of chairpersons of boards of studies as against the past practice, when nominated members would have a say in elections of such chairpersons as well as deans of various faculties. S.40,
18 The Act ushers in choice-based credit system, which will enable the students to chose any subject of their liking. There will be credit/gradation system in performance evaluation to allow students to study combination of subjects of their own choice. This will also facilitate their seamless shift from one university to another. S.5(1), S.5(16).
19 The Act proposes to nominate eight experts from nationally important institutes into academic councils. Similarly, academic faculties and board of studies will also have five and four nominated experts respectively, from industries and national research and educational institutes in order to the quality of curriculum. S.32
20 Another important provision in the Act is to increase social reservation in various bodies to give a greater say to various sections of the society in the university’s decision making process. Reservation in senate has been increased from nine seats to 14 and in management council from one to four. In academic council, positions of principal, professor and lecturer have also been provided with social reservation.
21 The Act lays major stress on entrepreneurship development through skill development. For this, the Act has introduced the idea of board of innovation, incubation and enterprise and board of national and international linkages. The boards will strive to bring in the latest in global entrepreneur skills to the universities. A senior manager from the lead bank of the university will be part of the innovation board. S.20, S.53
22 The Act has introduced “new concepts”, autonomous colleges, empowered autonomous colleges, empowered group institutions, private skills education institutions and cluster university. To leverage the advantages of information technology, the Act incorporates the A-3 society (anyone, anytime, anywhere) concept suggested by Anil Kakodkar. A new Board of Information Technology will be introduced at the university level to leverage advantages of information technology for teaching, studying and research. S.122
23 A new Faculty of Interdisciplinary Studies to facilitate interdisciplinary studies will also be introduced. S.42 and 43 The Act proposes to establish internal quality assurance boards as a precondition for quality assessment by NAAC and university grants commission. S.2.28, S.95
24 For grant of permission to new colleges, the new system will offer a letter of intent for the first year during which the colleges will have to complete infrastructure building and creation of facilities. After due scrutiny of the facilities, the university will then grant permission to run such colleges. S.109 The Act stresses on quick and proper redressal of students’ complaints, setting up of equal opportunity cell for divyang students and setting up of a Vishakha cell to redress complaints of sexual harassment of women. S.56.g, S.73.10 To prevent profiteering by unaided institutions affiliated to universities, the Act proposes to set up special committee to determine fees and a regulatory mechanism at the state- level. S.101
25 A New Beginning HIGH COURT OF GUJARAT –MEDIATION
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