LexThe Maharashtra State Board of Technical Education Act, 1997.
Maharashtra · state statute
Open in Lexace · Ask the AI about this act1997 : Mah. XXXVIII] 1
THE MAHARASHTRA STATE BOARD OF TECHNICAL
EDUCATION ACT, 1997
[Text as on 26th June 2025]
——————
CONTENTS
PREAMBLE.
SECTIONS.
CHAPTER I
PRELIMINARY
1. Short title, extent and commencement.
2. Definitions.
CHAPTER II
ESTABLISHMENT AND CONSTITUTION OF THE GOVERNING COUNCIL AND BOARD
3. Establishment of Board.
4. Incorporation of Board.
4A. Objects of Board.
5. Constitution of Board.
6. Appointment and term of office and conditions of service of Director.
7. Term of office of and allowances to members of Board.
7A. Establishment of Governing Council.
8. Disqualification of Chairman and members of Board.
9. Casual vacancies.
10. Resignation of member.
11. Removal of member.
12. Meetings of Board.
13. Vacancy of Chairman or member owing to disqualification.
14. Vacancy of member owing to absence without permission.
15. Decision on question as to vacancy.
16. Acts and proceedings not invalidated by vacancies or defects in constitution.
17. Power to invite experts and officers at meeting.
18. Constitution of Committees.
19. Board to absorb certain staff and to assume obligations of Government in respect of matters
to which this Act applies.
20. Appointment, powers and duties of Secretary, Joint and Deputy Secretaries, Assistant
Secretaries, Controller of Examination, System Analysts, Finance Officers and Accounts
Officers.
21. Other Officers and Servants of Board.
CHAPTER III
POWERS AND DUTIES OF THE GOVERNING COUNCIL AND BOARD
21A. Powers and duties of Governing Council.
22. Powers and duties of Board.
2 The Maharashtra State Board of Technical [1997 : Mah. XXXVIII
Education Act, 1997
23. Powers and duties of Director of Board.
24. Powers of Government to issue directions.
24A. Fee Fixation Committee.
CHAPTER IV
PERMISSION, AFFILIATION, CONFERRING AUTONOMOUS STATUS AND EQUIVALENCE
25. Conditions of affiliation.
26. Procedure for permission.
27. Procedure for affiliation.
28. Continuation of affiliation.
29. Extension of affiliation.
30. Permanent affiliation and recognition.
31. Inspection of institutions and report.
32. Withdrawal of affiliation or recognition.
33. Conferment of Autonomous Status.
34. Equivalence and Eligibility.
34A. Withdrawal of autonomous Status.
35. Closer of Institution.
35A. Change or Transfer of Management of Institution.
CHAPTER V
FUND, FINANCE, ACCOUNTS AND AUDIT
36. Application of Board assets.
37. Boards Fund, its custody and investment.
38. General application of Fund.
39. How Fund shall be drawn against.
40. Allotments to Regional Offices.
41. Preparation of annual budget estimates.
42. Annual accounts and audit.
43. Inspection and Inquiry.
44. Information, returns, etc. to be furnished by Board.
CHAPTER VI
SUPPLEMENTARY AND MISCELLANEOUS PROVISIONS
45. Manner of exercise of powers delegated to Committee.
46. Power of Board to make regulations.
47. First Regulations.
48. Power of Board to make by-laws.
1997 : Mah. XXXVIII] The Maharashtra State Board of Technical 3
Education Act, 1997
49. Interpretation in case of doubt.
50. Duties of and assistance from Polytechnic and Diploma Level Institutions.
51. Protection of action taken in good faith.
52. Members, officers and employees of Board to be public servants.
53. Savings.
54. Power to remove difficulties.
SCHEDULE
4 The Maharashtra State Board of Technical [1997 : Mah. XXXVIII
Education Act, 1997
1997 : Mah. XXXVIII] The Maharashtra State Board of Technical 5
Education Act, 1997
LIST OF AMENDMENT ACTS
1. Amended by Mah. 1 of 2003 (27-11-2002)
2. Amended by Mah. 30 of 2006 (9-1-2006)
3. Amended by Mah. 15 of 20221 (2-9-2021)
4. Amended by Mah. 22 of 2023
1 Mah. Ord. II of 2021 was repealed by Mah. 15 of 2022, s. 4.
Note.- The date mentioned in the bracket indicates the date of commencement of the Act.
6 The Maharashtra State Board of Technical [1997 : Mah. XXXVIII
Education Act, 1997
1997 : Mah. XXXVIII] The Maharashtra State Board of Technical 7
Education Act, 1997
MAHARASHTRA ACT NO. XXXVIII OF 19971
[THE MAHARASHTRA STATE BOARD OF TECHNICAL EDUCATION ACT, 1997.]
[This Act received the assent of the Governor on the 3rd August, 1997; assent was first published
in the Maharashtra Government Gazette, Extraordinary, Part IV, on the 6th August 1997.]
An Act to provide for establishment of a State Board to regulate matters pertaining
to Diploma Level Technical Education in the State of Maharashtra.
WHEREAS it is expedient to provide for establishment of a State Board to regulate matters
pertaining to Diploma Level Technical Education in the State of Maharashtra an d for other matters
connected therewith hereinafter appearing; It is hereby enacted in the Forty -eighth Year of the
Republic of India as follows :—
CHAPTER I
PRELIMINARY
1. Short title, extent and commencement. — (1) This Act may be called the Maharashtra State
Board of Technical Education Act, 1997.
(2) It extends to the whole of the State of Maharashtra.
(3) This section shall come into force at once; and the remaining provisions of this Act shall come
into force on such date2 as the Government may, by notification in the Official Gazette, appoint.
2. Definitions.— In this Act, unless the context otherwise requires,—
3[(a-1) “affiliated institution” means an institution which has been granted affiliation by the
Board;]
(a) “appointed day” means the d ate on which the remaining provisions other than section 1
of this Act come into force under sub-section (3) of section 1;
4[(aa) “autonomy” means a privilege of the Board, conferred on an institution permitting
conduct of academic programmes and examinati ons, developing syllabus for the respective
subjects and issuing certificates of passing the examinations relating to Diploma Level Technical
Education;
(ab) “autonomous institution” means an institution to which autonomy is conferred under
section 33;]
(b) “Board” means, the Maharashtra State Board of Technical Education established under
section 3;
(c) “bye-laws” means bye-laws made by the Board under section 48;
5[(d) “Diploma Level Technical Education” means such Technical Education which follows
the Secondary, Higher Secondary, Engineering or Technology Diploma Education, as the case
may be, to attain Diploma or Post -Diploma or Post -Graduate Diploma or Advanced Diploma
Level Engineering or Technology or Management or any other education specified by the Board.
Explanation.— For the purpose of this clause, the expression “Technical Education” also
includes diploma level programme of education in engineering, technology, architecture, town
planning, management, pharmacy and hotel management and catering technology, as declared by
the regulatory;]
1 For S tatement of Object s and Reasons of the L. A. Bill No. LI of 1997, see Maharashtra Government Gazette,
Extraordinary No. 35, Part V-A, dated the 22nd July 1997, at page 464.
2 1st day of April 1999, vide G. N., H. and T. E. D., No. EXM. 2596/2148/(3-96)/TE-2, dated the 30th March 1999.
3 This clause was inserted by Mah. 22 of 2023, s. 4(a).
4 This clause was inserted by Mah. 22 of 2023, s. 4(b).
5 This clause was substituted by Mah. 22 of 2023, s. 4(c).
8 The Maharashtra State Board of Technical [1997 : Mah. XXXVIII
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1[(d-a) “Director” means Director of the Maharashtra State Board of Technical Education
appointed under section 6(1);]
(e) “Examination” means one or more examinations conducted by the Board;
(f) “Government” means the Government of Maharashtra;
2[(f-a) “Governing Council” means the Governing Council of the Maharashtra State Board
of Technical Education established under section 7A;]
(g) “Head of Institute” or “Principal” means the Head of the teaching staff o f a Polytechnic
or Diploma Level Institution recognised by the Board, by whatever name designated;
3[(ga) “management” means the trustee or the managing or governing body, by whatever
name called, of any trust registered under the Maharashtra Public Trusts Act (XXIX of 1950) or
any society registered under the Societies Registration Act, 1860 (21 of 1860) or a company
registered under section 8 of the Companies Act, 2013 (18 of 2013) , under the management of
which one or more institutes are conducted and admitted to the privileges of the Board;]
(h) “Polytechnic or Institution” means an institution imparting Diploma or Post -Diploma or
Post-Graduate Diploma or Advanced Diploma in Engineering or Technology or Management
Education recognized by the Board under this Act;
(i) “prescribed” means prescribed by regulations made under this Act;
(j) “region” means the area comprised in each of the three 4[regions] as specified in the
Scheduled to this Act;
5[(ja) “regional office” means the office established by the State Government for the
concerned region;]
(k) “regulations” means the regulations made by the Government under section 47 and by
the Board under section 46;
6[(ka) “regulatory authority” means any authority or body established by or under the law
made by the Parliament, whose approval is necessary to start Diploma Level Technical Education
Institution or courses and which are authorized to regulate the matters connected therewith and
includes the Boards;]
(l) “teacher” means a member of the teaching st aff (other than Principal or the Head of
Institute of a Diploma Level Institution) recognised by the Board.
CHAPTER II
ESTABLISHMENT AND CONSTITUTION OF THE 7[GOVERNING COUNCIL AND BOARD]
3. Establishment of Board.— The Government shall, by notification i n the Official Gazette,
establish for the purposes of this Act a Board to be called the Maharashtra State Board of Technical
Education.
4. Incorporation of Board. — The Board established under section 3 shall be a body
corporate having perpetual succession and a common seal, and shall have power to contract, to acquire,
1 This clause was inserted by Mah. 1 of 2003, s. 2(a).
2 This clause was inserted by Mah. 1 of 2003, s. 2(b).
3 This clause was inserted by Mah. 22 of 2023, s. 4(d).
4 This word was substituted for the words “three regions” by Mah. 22 of 2023, s. 4(e).
5 This clause was inserted by Mah. 22 of 2023, s. 4(f).
6 This clause was inserted by Mah. 22 of 2023, s. 4(g).
7 These words were substituted for the word “Board” by Mah. 1 of 2003, s. 3.
1997 : Mah. XXXVIII] The Maharashtra State Board of Technical 9
Education Act, 1997
hold and dispose of property, both movable and immovable, and to do all things necessary for the
purpose of this Act and may sue and be sued by its corporate name.
1[4A. Objects of Board.— The objects of the Board shall be to disseminate, create and preserve
knowledge and understanding by teaching, research, extension and service in general, and in particular
the objects shall be,—
(1) to supervise, monitor, regulate and to contribute for the development of Diploma Level
Technical Education activities;
(2) to conduct examination and confer diplomas and other academic distinctions or titles on
persons subject to such conditions as the Board may determine, and to withdraw or cancel any such
diplomas or other academic distinctions or titles in the prescribed manner;
(3) to provide facilities and offer opportunities for the development or Diplomas Level Technical
Education by instruction by instruction, training, research, development and extens ion and by such
other means, as the Board may deems fit;
(4) to devise and implement a programme of Diploma Level Technical Education that is relevant
to the current needs of the society, aligned to the long term requirements and responsive to the
anticipated changes and development;
(5) to further advancement of knowledge in Diploma Level Technical Education and to
disseminate the same for the betterment of society;
(6) to serve as a centre for fostering co -operation and exchange of ideas between the acade mic
and research community o n the one hand and the industrial and the Government employers on the
other and to promote entrepreneurship among the students;
(7) to promote equitable distribution of facilities of Diploma Level Technical Education and to
develop Diploma education network with use of modern communication media and technologies,
appropriate for a learning society;
(8) to provide for efficient and responsive administration, scientific management and to develop
organisation of teaching, research and extension;
(9) to build financial self-sufficiency by undertaking academic and allied programmes;
(10) to promote better interaction and co -ordination amongst different State authorities and
institutes;
(11) to strive to promote competitive merit and ex cellence as the sole guiding criterion in all
academic and other matters relating to students;
(12) to develop or revise curriculum so as to fulfil requirements of industry and to incorporative
advancements in technology;
(13) to plan for effective impleme ntation of curriculum and to develop required learning
resources and to provide appropriate training to the teachers;
(14) to implement academic programms, other activities and to carry out teaching and research
and offer continuing quality education programmes;
(15) to provide learning, teaching, capability and skills development in technical education and
their inter-disciplinary studies at Diploma level;
(16) to provide instruction, teaching and training in technical education and make provisions for
research;
(17) to create centres of excellence for strengthening and innovations in Diploma Level Technical
Education;
1 This section was inserted by Mah. 22 of 2023, s. 5.
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(18) to start technical education programs, courses in new and emerging areas with innovative
approaches;
(19) to establish innovative appro aches for, creation of seamlessness in academic structures,
learning time-frames and continuous evaluation processes for, nurturing and cultivation of creativity
and entrepreneurship;
(20) to encourage or guide the institution for conducting continuing ed ucation programmes in
thrust areas or industry needs;
(21) to acquire, hold, transfer and dispose off any property, interest or right thereto and to
manage and deal with the same for effective functioning; and
(22) to provide and acquire consultancy, affi liation and support services for furtherance of
technical education activities, including for affiliated institutions, examination Boards, Universities,
Government educational bodies, Directorates and the Government Departments, etc., within or outside
the Country.]
1[5. Constitution of Board.— (1) The Board shall consist of,—
(a) the Director, Technical Education, Maharashtra State as the Chairman ;
2[(a-1) The Director, Maharashtra State Board of Technical Education as the Member;]
(b) 3[the Secretary], Maharashtra State Board of Technical Education as the Member -
Secretary; and
(c) the following members, namely :—
Class A - Ex-officio Members
(i) The Chairman of the Maharashtra State Board of Secondary and Higher Secondary Education
or his nominee not below the rank of the Chairman of the Divisional Board;
(ii) The Director of industries, Maharashtra State or his nominee not below the rank of Joint
Director;
4[* * *]
(iv) The Regional Officer (Western Region) of All India Council of Technical Educa tion, New
Delhi;
(v) The Director, Board of Apprenticeship Training (Western Region), Government of India,
5[Ministry of Education;]
(vi) The Joint Secretary to Government, Higher and Technical Education Department or his
nominee not below the rank of Deputy Secretary.
Class B - Nominated Members
(i) One senior most Principal from Government Engineering Colleges in the State, to be
nominated by the Government.
(ii) Two members to be nominated by the Government from amongst the Principals and Heads of
Institutes, one each from Government or aided and un -aided Polytechnics, of whom at least one shall
be a woman.
1 This section was substituted by Mah. 1 of 2003, s. 4.
2 This clause was inserted by Mah. 22 of 2023, s. 6(a).
3 These words were substituted for the words “the Director” by Mah. 22 of 2023, s. 6(b).
4 This sub-clause was deleted by Mah. 22 of 2023, s. 6(c)(i)(I).
5 These words were substituted for the words “Ministry of Human Resources Development” by Mah. 22 of 2023,
s. 6(c)(i)(II).
1997 : Mah. XXXVIII] The Maharashtra State Board of Technical 11
Education Act, 1997
(iii) Two members to be nominated by the Government from amongst the teachers, one each from
Government or aided and un -aided Polytechnics, of wh om at least one shall be from Backward Class
Community.
1[* * *]
2[(v) Six members to be nominated by the Government from amongst office bearers of the
registered associations of industries or professional bodies related to technical education recommended
by them:]
Provided that, a person shall cease to hold office as a member of the Board, as soon as he ceases
to hold the post, designation or office, as the case may be, by virtue of which he is so appointed and
such person shall inform the Chairman in w riting of his having so ceased to be the member of the
Board, within a week therefrom.
(2) The names of the person other than the ex-officio members, who have been nominated, from
time to time, as members of the Board, shall be published by the Government in the Official Gazette.
(3) On the publication of the Maharashtra State Board of Technical Education (Amendment) Act,
2002 (Mah. I of 2003) the existing members of the Board shall be deemed to have vacated their offices
on the said date.]
3[6. Appointment and term of office and conditions of service of Director. — (1) The Board
shall have a Director who shall be appointed by the Government from amongst the Joint Directors of
Technical Education of the Government having minimum experience of not less tha n two years in the
post of Joint Director 4[* * *].
(2) The Director shall hold office for a term of five years from the date of the publication of his
name in the Official Gazette.
(3) Nothing in sub-section (2) shall affect the power of Government to transfer, in the exigencies
of public service, the Director to any other post under Government during such term; and if the
Director, is superannuated in the service of the Government he shall cease to be the Director, unless his
services are extended or he is re-employed in the service of the Government and he is not transferred to
some other post.
(4) The Government may, from time to time, extend the term of office of the Director of the
Board, so, however, that the aggregate period of the term shall not exceed ten years.
(5) The Director shall be an employee of the Government, equivalent to the status of the Joint
Director of Technical Education of the Government and other conditions of service of the Director
shall be such as may be determined by the Government.
(6) Where a temporary vacancy of the Director occurs by reason of leave, illness or other cause,
the Government may appoint another person to be the Director].
7. Term of office of and allowances to members of Board. — (1) The member of the Bo ard,
other than the ex-officio member, shall hold office for a term of 5[five years] from the date on which
their names are published in the Official Gazette.
(2) The term of office of outgoing member shall extend to, and expire with, the day immediately
preceding the date on which the names of their successors are published in the Official Gazette.
1 This sub-clause was deleted by Mah. 22 of 2023, s. 6(c)(ii)(I).
2 This sub-clause was substituted by Mah. 22 of 2023, s. 6(c)(ii)(II).
3 This section was substituted by Mah. 1 of 2003, s. 5.
4 These words were deleted by Mah. 22 of 2023, s. 7.
5 These words were substituted for the words “four years” by Mah. 1 of 2003. s. 6
12 The Maharashtra State Board of Technical [1997 : Mah. XXXVIII
Education Act, 1997
(3) The members shall be entitled to such compensatory allowances as may be determined by
regulations.
1[7A. Establishment of Governing Council.— (1) The Government shall, by notification in the
Official Gazette, establish the Governing Council which shall be an apex body to control and monitor
the matters pertaining to Diploma level technical education and examination at State level.
(2) The Governing Council shall consist of the following, namely :—
(i) The Minister of Higher and
Technical Education,
Maharashtra State.
. . President;
(ii) The Minister of State for
Higher and Technical
Education.
. . Vice-President;
(iii) The Secretary, Higher and
Technical Education
Department or his
nominee, not below the
rank of Deputy Secretary.
. . Member;
(iv) Three Industrialists
nominated by the
Government.
. .
Members;
(v) The Director of Technical
Education, Maharashtra
State.
. . Member;
(vi) The Secretary,
Maharashtra State
Board of Technical
Education.
. . Member;
(vii) The Director, Maharashtra
State Board of Technical
Education.
. .
Ex-officio Member
Secretary.
(3) The names of the persons other than the ex-officio members, who have been nominated, from
time to time, as members of the Governing Council, shall be published by the Government in the
Official Gazette.
(4) The term of the nominated members of the Governing Council shall be for a period of five
years unless terminated earlier by the State Government.
(5) The Governing Council shall meet not less than twice in every year, and a period of not more
than six months shall intervene between two successive meetings.
(6) The nominated members shall receive such allowances, as may be determined by the
Government, for meeting the personal expenditure in attending the meetings or in performing any other
functions as members.]
8. Disqualification of Chairman and members of Board. — A person shall be disqualified for
being appointed or nominated as, or for continuing as, the Chairman or a member of the Board or any
Committee appointed under this Act,—
1 Section 7A was inserted by Mah. 1 of 2003, s. 7.
1997 : Mah. XXXVIII] The Maharashtra State Board of Technical 13
Education Act, 1997
(a) if he directly or indirectly, by himself or his partner has any share or interest in any work
done by order of, or in any contract entered into on behalf of the Board;
(b) if he is a person against whom an order of removal from office has been made under
section 11:
Provided that, a person against whom such order is made, shall not be deemed to have been
disqualified under this clause, if five years, or such lesser period as the Government may specify, has
elapsed from the date of his removal from office.
9. Casual vacancies. — All casual vacancies in office of the members of the Board,
1[, Governing Council] or any Committee constituted by the Board shall be filled as soon as may be, by
nomination or appointment, as the case may be; and the person nominated or appointed in a vacancy
shall hold office so long only as the member in whose place he is nominated or appointed would have
held it, if the vacancy had not occurred.
10. Resignation of member. — A member of the Board, 2[the Governing Council,] except the
ex-officio member, may resign his office at any time by tendering his resignation in writing to the
Chairman of the Board 3[or the President of the Governing Council, as the case may be,] and such
member shall be deemed to have vacated his office as soon as the 4[Chairman or the Pre sident, as the
case may be, has] received his resignation.
11. Removal of member.— (1) The Government may, on the recommendation of the Board, and
after making such further inquiry, as it may think fit to make, by order, remove any member of the
Board or any Committee thereof, if such member,—
(a) has been convicted by a Court in India for any offence involving moral turpitude; or
(b) is an undischarged insolvent; or
(c) has been declared physically disabled by such medical authority as the Government may
specify; or
(d) is of unsound mind and stands so declared by a competent Court; or
(e) is acting in a way detrimental to the aims and objects of the Board :
Provided that, no such recommendation shall be made by the Board or no order shall be
made under clause ( e) unless he has been given a reasonable opportunity of showing cause why
such recommendation or order should not be made.
(2) The Government may suo motu by order remove any member of the Board or any Committee,
nominated or appointed, whose activities are, in the opinion of the Government detrimental to, or
obstruct, the proper functioning of the Board or of any Committee thereof :
Provided that, no member shall be removed from office unless he has been given a reasonable
opportunity of showing cause why such order should not be made against him.
(3) Notwithstanding anything contained in sub-sections (1) and (2), the nominated member of the
Board shall hold office during the pleasure of the Government and shall be removed at any time by the
Government, if it deems fit.
12. Meetings of Board. — (1) The Board shall meet not less than twice in every year, and six
months shall not intervene between two successive meetings.
(2) The Chairman of the Board may at any time in the exigencies so demand, and upon a written
request made by not less than one-third of the total number of members of the Board shall call a special
1 These words were inserted by Mah. 1 of 2003, s. 8
2 These words were inserted by Mah. 1 of 2003, s. 9(a).
3 These words were inserted by Mah. 1 of 2003, s. 9(b).
4 These words were substituted for the words “Chairman has” by Mah. 1 of 2003, s. 9(c).
14 The Maharashtra State Board of Technical [1997 : Mah. XXXVIII
Education Act, 1997
meeting of the Board, on a date not later than twenty -one days after the receipt of such request by
the Chairman.
13. Vacancy of Chairman or member owing to disqualification. — If the Chairman or a
member of the Board or any Co mmittee becomes subject to any of the disqualifications mentioned in
section 8, his office shall thereupon be declared vacant by the Government.
14. Vacancy of member owing to absence without permission. — If a member nominated or
appointed to the Board r emains absent without permission of the Board from three consecutive
meetings thereof, his office shall thereupon become vacant and shall be so declared by the Chairman.
15. Decision on question as to vacancy.— In case of any dispute as to whether the off ice of the
Chairman or a member has become vacant under section 13 or 14, the decision of the Government in
the matter shall be final.
16. Acts and proceedings not invalidated by vacancies of defects in constitution.— No act or
proceedings of the Board or any Committee shall be invalid merely by reason of any vacancy in or any
defect in the constitution of such Board or Committee.
17. Power to invite experts and officers at meeting. — The Board may invite any person who
in its opinion is an expert in the field of education or any officer of the Government, to attend its
meeting or of its Committee, if the subject with which the expert or officer is concerned is likely to
come up for discussion or consideration at such meeting.
18. Constitution of Commit tees.— (1) The Board shall consist of the following Committees,
namely :—
(a) Academic Committee;
(b) Finance Committee;
(c) Course Committees; not exceeding 20;
(d) Equivalence Committee;
(e) Special Committee.
(2) The Board may constitute such oth er Committees as it thinks necessary for efficient
performance of its functions.
(3) The number of members of every Committee constituted by the Board, the term of office of
its members and the duties and functions to be discharged by such Committee shall be such as may be
prescribed.
19. Board to absorb certain staff and to assume obligations of Government in respect of
matters to which this Act applies. — (1) The Board shall take over and employ such of the existing
staff on the date of the establishmen t of the Board, except the Secretary, Joint Secretary (Technical),
Deputy Secretary (Technical), Assistant Secretary (Technical) and Finance Officer, Controller of
Examinations, Accounts Officers and Systems Analysts, serving for the purposes of the Board of the
Technical Examination, Maharashtra State (hereinafter referred to as “the Existing Board”), constituted
by the Government Resolution, Education and Social Welfare Department , No. EXM -7260-K; dated
the 7 th January 1963, as the State Government may di rect, and every person so taken over and
employed shall be subject to the provisions of this Act and the regulations made thereunder :
Provided that,— (a) such staff gives option, within the prescribed time limit to continue in
the services of the Board;
(b) during the period of such employment all matters relating to the pay, leave, retirement,
allowances, pension, provident fund and other conditions of service of the members of the said
staff shall be regulated by the Maharashtra Civil Services Rules or such other rules as may, from
time to time, be made by the Government;
1997 : Mah. XXXVIII] The Maharashtra State Board of Technical 15
Education Act, 1997
(c) any such member shall have right of appeal to the Government against the order of
rejection, dismissal or removal from service, fine or any other punishment.
(2) Permanent employe es of the existing Board if exercise option in favour of the Government
service, they shall be absorbed within a period of two years under the Directorate of Technical
Education in any of its offices or institution where the vacancy exists.
(3) All expend iture which the existing Board may have incurred before appointed day in
connection with any of the purposes of the existing Board shall be deemed to be advanced towards
capital expenditure by the Government to the Board under section 37 on that date, and all assets
acquired by such expenditure shall vest into the Board.
(4) All property, moveable or immovable, and all rights, and interests of whatsoever kind, and
powers and privileges of the existing Board shall stand transferred and shall, vest in the Bo ard and be
applied for the objects and purposes for which the Board is constituted.
(5) All obligations incurred, all contracts entered into and all matters and things engaged to be
done, before the first constitution of the Board by, with or for, the Sta te Government or the existing
Board for any of the purposes of this Act, in respect of any scheme for the promotion of the technical
education in the State of Maharashtra shall be deemed to have been incurred, entered into, or engaged
to be done by, with o r for, the Board and accordingly all claims made, or suits or legal proceedings
instituted or which might have been instituted by or against the State Government or the existing
Board, as the case may be, continued or instituted by or against the Board.
20. Appointment, powers and duties of Secretary, Joint and Deputy Secretaries, Assistant
Secretaries, Controller of Examination, System Analysts, Finance Officers and Account
Officers.— (1) The Board shall have the Secretary, who shall be appointed by the Government.
(2) The Secretary shall, subject to the control of 1[the Director], be the Executive Officer of the
Board, and all other officers and servants, for the time being, serving under the Board shall be
subordinate to him.
(3) The Secretary shall be entitled to be present at the meetings of the Board and shall be the
Member-Secretary of the Board.
(4) The Secretary shall exercise such other powers and perform such other duties as may be made
by regulation.
(5) The Government shall appoint the required number of technical staff such as Joint Secretaries,
Deputy Secretaries, Assistant Secretaries, Controller of Examinations, System Analysts, Finance
Officers and Accounts Officers for the Board on the recommendation of the Board.
(6) A Joint Secreta ry (Technical), Deputy Secretary (Technical) and Assistant Secretary
(Technical), Controller of Examinations, System Analysts, Finance Officers shall exercise such powers
and perform such duties of the Secretary as are, respectively assigned to them by the Secretary under
the general or special orders.
(7) The Secretary, Joint Secretaries (Technical), Deputy Secretaries (Technical) and Assistant
Secretaries (Technical), Controller of Examinations, System Analysts and Finance Officers and
Accounts Officers a ppointed under this Act shall be the servants of the Government, and the salaries
and allowances and other conditions of service of these officers shall be such as may be determined by
the Government.
2[(8) The Secretary shall be the custodian of the reco rd, the common seal and such other property
of the Board.
(9) The Secretary shall, from time to time, prepare and update the hand book of by -laws and
regulations made under this Act.
1 These words were substituted for the words “the Chairman” by Mah. 22 of 2023, s. 8(a).
2 These sub-sections were inserted by Mah. 22 of 2023, s. 8(b).
16 The Maharashtra State Board of Technical [1997 : Mah. XXXVIII
Education Act, 1997
(10) The Secretary shall exercise such other powers and perform such othe r duties, as may be
prescribed.
(11) Subject to the decisions of the authorities and committees thereof, the Secretary shall have
the power to enter into agreements, sign documents and authenticate records on behalf of the Board.]
21. Other Officers and S ervants of Board. — (1) The Board may, with the approval of the
Government, appoint such other officers and servants as it considers necessary for the efficient
performance of its functions under this Act.
(2) The salaries, allowances and other conditions of service of the officers and servants appointed
under sub-section (1) shall be such as may be determined by the Board by regulations.
CHAPTER III
POWERS AND DUTIES OF THE 1[GOVERNING COUNCIL AND BOARD]
2[21A. Powers and duties of Governing Council. — Subject to the provision of this Act, the
powers and duties of the Governing Council shall be as follows, namely :—
(a) to act on the matters referred by the Board and to approve the recommendations and
decisions of the Board for implementation;
(b) to prepare perspective development plan in consultation with industry;
(c) to approve matters related to staff regulations and approval thereof;
(d) to recommend the Government to carry test audit of accounts of the Boards regularly
and at such intervals as the Governing Council may deem fit;
(e) to decide accreditation policy of the institutes;
(f) to exercise the powers related to financial matters which are referred by the Board;
(g) to approve the budget recommended by the Board;
(h) to give directions t o the Board in respect of the implementation of various policy
decisions taken by the Government, from time to time;
(i) to approve the rules and procedures for appointment of officers and other employees of
the Board, their qualifications, terms and cond itions of services including conduct, discipline and
duties, mode of recruitment, pay scales;
(j) to recommend the Government to conduct an enquiry in respect of any matter concerning
the proper conduct, working and finances of the institutes under the Board.]
22. Powers and duties of Board. — Subject to the provisions of this Act, the powers and duties
of the Board shall be as follows, namely :—
(a) to advice the Government on matters of policy relating to Diploma Level, Technical
Education in general, and on the following matters, in particular, namely :—
(i) co -ordination between national policies and State policies in Diploma Level
Technical Education;
(ii) co -ordination between Secondary, Higher Secondary, Degree Education and
Diploma Level Education;
(iii) to maintain uniform standard of Diploma Level Technical Education;
(iv) to promote Industry Institute inter-action;
1 These words were substituted for the word “Board” by Mah. 1 of 2003, s. 10.
2 Section 21A was inserted by Mah.1 of 2003, s. 11.
1997 : Mah. XXXVIII] The Maharashtra State Board of Technical 17
Education Act, 1997
(b) to lay down guiding principles for determining curricula and syllabi and also to prepare
the detailed curricula and syllabi for Diploma Level Technical Education, for all categories, such
as, regular, sandwich, part-time, correspondence course, yearly, semester pattern and the like;
(c) to prescribe and regulate standard requirements in respect of staff buildings, furnitures,
equipment, stationery and other things required for Diploma Level Institutions;
(d) to prescribe and develop any book as text book and reference book or to prepare or cause
to be prepared any book and print or non -print material or to publish directly or in collaboration
with any other agency, any kind of learning material for Diploma level courses;
(e) to prescribe the general conditions governing admission of regular candidates and
ex-candidates to the examinations and to specify the conditions relati ng to eligibility, attendance,
term-work and character, on the fulfilment of which a candidate shall have a right to be admitted
to and to appear at any such examination;
(f) to award certificates to candidates passing the Diploma final examination;
(g) to institute and to award scholarships, fellowships, stipends, medals, prizes and other
rewards as also to prescribe conditions therefor;
(h) to receive bequests, donations, endowments, trusts and other transfers of any property, or
interest therein, or right thereto;
(i) to hold any property, interest or right referred to in clause ( h) above, and to manage and
deal with the same;
(j) to fix demand and receive such fees and penalties as may be prescribed;
(k) to call for special reports and information from the Director of Technical Education or
from officers of the Technical Education Department of the Government, and to call for any
information from any Diploma Level Institution, recognised by the Board to ensure maintenance
and improvement in academic standard in Diploma Level Technical Education;
(l) to recommend measures to promote physical, moral and social welfare of students in
institutions recognized by the Board, and to prescribe conditions of their residence and discipline;
1[(m) to appoint t he staff except the posts mentioned in sub -section (7) of section 20 as per
the regulations;]
(n) to constitute provident fund for the benefit of the officers and employees of the Board;
(o) to approve the annual financial statement pertaining to the Boar d and to recommend to
the 2[Governing Council] for sanction, the annual budget;
(p) to inspect and supervise generally the working of the Regional Officer and to inspect
periodically the accounts thereof;
(q) to conduct statistical and other research or training programmes for the purposes of
design, development, implementation and evaluation of the curriculum, teaching learning process
and examination in collaboration with any agency within or outside India;
(r) to appoint such Committees as it may thin k necessary for the efficient discharge of its
functions under this Act;
(s) to make regulations for the purpose of carrying out effectively the provisions of this Act;
(t) to make bye-laws relating to matters such as procedure to be followed by the Board, their
committees and any other matter solely concerning the Board and their Committees that are not
provided for by or under this Act and the regulations made thereunder;
(u) to exercise such other powers and perform such other duties as may be conferr ed or
imposed on it by or under this Act;
1 Clause (m) was substituted by Mah. 1 of 2003, s. 12(a).
2 These words were substituted for the word “Government” by Mah. 1 of 2003, s. 12(b).
18 The Maharashtra State Board of Technical [1997 : Mah. XXXVIII
Education Act, 1997
(v) to make regulation 1[with the approval of the Governing Council] for granting of
academic autonomy to institute, reviewing or revoking of autonomy granted;
(w) to carry out all such acts as may be necessary t o achieve the objective of this Act so as
to improve, extend, expand the Diploma Level Technical Education in the State and to maintain
and improve standard of Diploma Level Technical Education;
(x) to make regulation for granting affiliation, accredition , autonomous status, equivalence,
eligibility to institutes and reviewing or revoking affiliation or accredition or equivalence, or
autonomous status or eligibility;
(y) to demand and receive such fees as may be prescribed for candidates admitted to the
examination, affiliation, to accredit, conferring autonomy, equivalence;
(z) to conduct the examinations of the Board;
(za) to appoint paper -setters, examiners, moderators, supervisors and other necessary
personnel for conducting examin ation, assessment o f candidates performance and for
compiling and release of results;
(zb) to admit candidates for the examination according to the regulations;
(zc) to open centres within its jurisdiction for examination conducted by it;
(zd) to declare the result of the candidates appearing at the examinations conducted on
such date or dates as may be fixed;
(ze) to prepare a list of candidates according to merit;
(zf) to deal with cases of use of unfair means according to the procedure laid down;
(zg) to evaluate gene rally the performance of students and Institutes in all
examinations including the final examination in Diploma Level Technical Institute;
(zh) to call for any information from any Diploma Level Institutions recognised by it
to ensure maintenance of academic standard to call for special reports, and information from
the Regional Joint Director of Technical Education concerned on Diploma Level Institutions
recognized by it but not maintaining the required academic standard and to recommend to
the Directorat e of Technical Education, withdrawal of recognition granted under the
administrative order of the Technical Education Department of the Government, in cases of
poor academic results and grave academic irregularities;
(zi) to require institutions recognize d by the Technical Education Department of the
Government to extend their co-operation in the conduct of the examination and to withdraw
the privileges of the Board from any institution, which fails to place at its disposal the
facilities required to condu ct examination after giving it a reasonable opportunity of
showing cause why such orders should not be made; and
(zj) to create, own, hold or hire any property or infrastructure required for—
(i) functioning of Board office,
(ii) functioning of regional offices,
2[* * * *]
3[(zk) to plan and monitor academic performance;
(zl) to propose the need -based courses, special courses for self -employment, courses
for rural, deprived persons and women;
(zm) to propose to confer autonomy to deserving institutions.]
1[(zn) to upgrade Government polytechnic as Model Polytechnic or Center of
Excellence, considering past performance of such institute.]
1 These words were inserted by Mah.1 of 2003, s. 12(c).
2 This sub-clause was deleted by Mah. 22 of 2023, s. 9(a).
3 Clauses (zk), (zl) and (zm) were added by Mah. 1 of 2003, s. 12(d).
1997 : Mah. XXXVIII] The Maharashtra State Board of Technical 19
Education Act, 1997
23. Powers and duties of 2[Director] of Board. — (1) It shall be the duty of the 3[Director] of
the BoardExcerpt shown. Open the full act in Lexace.