Maharashtra Unauthorized Institutions and Unauthorized Courses of Study in Agriculture, Animal and Fishery Sciences, Health Sciences, Higher, Technical and Vocational Education (Prohibition) Act, 2013
No: 20 Dated: Aug, 21 2013
THE MAHARASHTRA UNAUTHORIZED INSTITUTION AND UNAUTHORIZED COURSES OF STUDY IN AGRICULTURE, ANIMAL AND FISHERY SCIENCES, HEALTH SCIENCES, HIGHER, TECHNICAL AND VOCATIONAL EDUCATION (PROHIBITION) ACT, 2013
ACT No. XX OF 2013
An Act to provide for prohibition of establishment of unauthorized institutions and introduction of unauthorized courses of study in Agriculture, Animal and Fishery Sciences, Health Sciences, Higher, Technical and Vocational Education in the State of Maharashtra and for matters connected therewith or incidental thereto.
WHEREAS it was expedient to provide for effectively prohibiting and dealing with persons establishing unauthorized institutions and introducing or conducting unauthorized courses of study in Agriculture, Animal and Fishery Sciences, Health Sciences, Higher, Technical and Vocational Education in the State of Maharashtra and for matters connected therewith or incidental thereto ;
AND WHEREAS both Houses of the State Legislature were not in session;
AND WHEREAS the Governor of Maharashtra was satisfied that circumstances existed which rendered it necessary for him to take immediate action to make a law, for the purposes aforesaid, and, therefore, promulgated the Maharashtra Unauthorized Institutions and Unauthorized Courses of Study in Agriculture, Animal and Fishery Sciences, Health Sciences, Higher, Technical and Vocational Education (Prohibition) Ordinance, 2013, on the 11th July 2013 ;
AND WHEREAS it is expendient to replace the said Ordinance by an Act of the State Legislature;
It is hereby enacted in the Sixty-fourth Year of the Republic of India, as follows :—
CHAPTER I
PRELIMINARY
1. Short title and commencement:- (1) This Act may be called the Maharashtra Unauthorized Institutions and Unauthorized Courses of Study in Agriculture, Animal and Fishery Sciences, Health Sciences, Higher, Technical and Vocational Education (Prohibition) Act, 2013.
(2) It shall be deemed to have come into force on the 11th July 2013.
2. Definitions:- In this Act, unless the context otherwise requires,—
(a) “Agriculture Education” means the education relating to agriculture within the meaning of clause (b) of section 2 of the Maharashtra Agricultural Universities (Krishi Vidyapeeths) Act, 1983 and includes such other programmes or courses of study as may be declared by the Government to be the programmes or courses of study in Agriculture Education ;
(b) “Agricultural Educational Institution” means an Institution which offers programmes or courses of study in Agriculture Education but does not include any university established by or under any law for the time being in force ;
(c) “ Animal and Fishery Sciences Education” means the programmes or courses of study in Animal and Fishery Sciences within the meaning of clause (17) of section 2 of the Maharashtra Animal and Fishery Sciences University Act, 1998, and includes such other programmes or courses of study as may be declared by the Government to be the programmes or courses of study in Animal and Fishery Sciences Education ;
(d) “Animal and Fishery Sciences Educational Institution” means an Institution offering programmes or courses of study in Animal and Fishery Sciences, but does not include any university established by or under any law for the time being in force ;
(e) “Appellate Authority” means an Appellate Authority appointed under section 7 ;
(f) “appropriate authority” means any authority established by or under,—
(i) the Indian Nursing Council Act, 1947,
(ii) the Dentists Act, 1948,
(iii) the Indian Medical Council Act, 1956,
(iv) Indian Medicine Central Council Act, 1970,
(v) the Indira Gandhi National Open University Act, 1985,
(vi) the All India Council for Technical Education Act, 1987,
(vii) the National Council for Teacher Education Act, 1993,
(viii) an Agricultural University constituted under the Maharashtra Agricultural Universities (Krishi Vidyapeeths) Act, 1983,
(ix) the Yashwantrao Chavan Maharashtra Open University Act, 1989,
(x) an university constituted under the Maharashtra Universities Act, 1994,
(xi) the Maharashtra State Board for Technical Education Act, 1997,
(xii) the Maharashtra Animal and Fisheries Science University Act, 1998, or
(xiii) Maharashtra University of Health Sciences Act, 1998, and also includes the National Council for Vocational Training established by the Government of India, Ministry of Labour, and the Maharashtra State Board of Vocational Education established by the Government and any other officer or authority, as may be notified by the Government to be an appropriate authority in respect of any programme or course of study;
(g) “certificate course” in relation to the programmes or courses of study in Health Sciences means a programme or self-designed course of study designed by the Maharashtra University of Health Sciences established under the Maharashtra University of Health Sciences Act, 1998, and in relation to any other programme or course of study by an Educational Institution, means the programme or course the duration of which is below one year ;
(h) “ Competent Authority” means the Competent Authority appointed under section 5 ;
(i) “Educational Institution” means an Institution conducting programmes or courses of study in Agriculture, Animal and Fishery Sciences, Health Sciences, Higher Education, Industrial Training Institute and Industrial Training Centre, Technical Education or, as the case may be, Vocational Education;
(j) “Government” means the Government of Maharashtra ;
(k) “Health Sciences” means the programmes or courses of study or research in Health Sciences within the meaning of clause (17) of section 2 of the Maharashtra University of Health Sciences Act, 1998 and includes such other programmes or courses of study as may be declared by the Government to be the programmes or courses of study in Health Sciences ;
(l) “Health Sciences Educational Institution” means an Institution which offers programmes or courses of study in Health Sciences, but does not include any university established by or under any law for the time being in force ;
(m) “Higher Education” means programmes, courses of study or research and training in Higher Education such as Arts, Commerce, Science, Law and Management and includes such other programmes, courses of study or areas of knowledge, as the case may be, declared by the Government to be the programmes or courses of study or areas of knowledge in Higher Education ;
(n) “Higher Educational Institution” means an Institution which offers programmes or courses of study in Higher Education, but does not include any university established by or under any law for the time being in force ;
(o) “Industrial Training” means the training which generates work force as the field need of various industries;
(p) “Industrial Training Institute and Industrial Training Centre” means the Institutes or Centres which imparts Industrial Training and approved by the National Council for Vocational Training, Government of India, Ministry of Labour;
(q) “prescribed” means prescribed by rules made under this Act;
(r) “Technical Education” means the programmes or courses of study and research and training in education, such as engineering, technology, architecture, town planning, pharmacy and applied arts and crafts and includes any other programmes or courses of study as may be declared by the Government of India to be the programmes or courses of study in Technical Education;
(s) “Technical Educational Institution” means an Institution which offers programmes or courses of study or learning in Technical Education, but does not include any university established by or under any law for the time being in force ;
(t) “unauthorized course” means the programme or course of study which is not approved by the appropriate authority;
(u) “unauthorized institution” means the Educational Institution which is not approved by the appropriate authority ;
(v) “Vocational Education” means the programmes or courses of study which impart knowledge and skill development in the fields of engineering, para-Health Sciences, commerce, agriculture, fisheries, dairy and veterinary for generation of employment or selfemployment and includes any other programmes or courses of study as may be declared by the Government to be the programmes or courses of study in Vocational Education ;
(w) “Vocational Educational Institution” means an Institution which offers programmes or courses of study in Vocational Education, but does not include any university established by or under any law for the time being in force.