The Yashwantrao Chavan Maharashtra Open University Act, 1989.
Maharashtra · state statute
Open in Lexace · Ask the AI about this act1989 : Mah. XX] 1
THE YASHWANTRAO CHAVAN MAHARASHTRA
OPEN UNIVERSITY ACT, 1989
[Text as on 11th March 2025]
———————
CONTENTS
PREAMBLE.
SECTIONS.
1. Short title and commencement.
2. Definitions.
3. Establishment and incorporation of University.
4. Objects of University.
5. Powers of University.
6. Jurisdiction.
7. University open to all classes, castes and creeds.
8. Chancellor and his powers.
9. Officers of University.
10. Vice-Chancellor.
10A. Pro-Vice-Chancellor.
11. Director.
11A. Controller of Examinations.
12. Registrar.
13. Finance officer.
14. Other officers.
15. Authorities of University.
15A. Power of Government to specify eligibility conditions for being member of any authority of
University.
16. Board of Management.
17. Academic Council.
18. Planning Board.
19. Finance Committee.
19A. Board of Examinations.
19B. Board of University Teaching and Research.
20. Other authorities.
21. Statutes.
22. Statutes how made.
23. Ordinances.
24. Regulations.
25. University Fund.
26. Annual financial estimates.
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Open University Act, 1989
27. Annual accounts and its audit.
28. Annual report.
29. Financial control of State Government.
30. Conditions of service of employees.
30A. Special provision for Scheduled Castes, Scheduled Tribes and Other Backward Classes in
services and posts in University.
31. Tribunal of Arbitration.
32. Delegation of powers.
33. Disputes as to constitution of University authorities and bodies.
34. Filling of casual vacancies.
35. Proceedings of University authorities or bodies not invalidated by vacancies.
36. Authorities and officers responsible for damage.
37. Protection of action taken in good faith.
38. Mode of proof of University record.
39. Power to remove difficulties.
40. Transitional provisions.
THE FIRST SCHEDULE— THE OBJECTS OF THE UNIVERSITY
THE SECOND SCHEDULE— STATUTES OF THE UNIVERSITY
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Open University Act, 1989
LIST OF AMENDMENT ACTS
1. Amended by Mah. 1 of 1993 (15-4-1993)
2. Amended by Mah. 12 of 2003 (9-4-2003)
3. Amended by Mah. 14 of 2009 (25-5-2009)
4. Amended by Mah. 6 of 20231 (24-11-2022)
1 Maharashtra Ordinance No. 13 of 2022 was repealed by Mah. 6 of 2023, s. 9.
Note.- The date mentioned in the bracket indicates the date of commencement of the Act.
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Open University Act, 1989
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Open University Act, 1989
MAHARASHTRA ACT No. XX OF 19891
[THE YASHWANTRAO CHAVAN MAHARASHTRA OPEN UNIVERSITY ACT, 1989.]
[This Act received the assent of the Governor on the 28th April 1989; assent was first published
in the Maharashtra Government Gazette, Extraordinary No. 26, Part IV, on the 2nd May 1989.]
An Act to establish and incorporate an Open University in the State of Maharashtra for the
introduction and promotion of the Open University and distance education system
in the Educational Pattern of the State.
WHEREAS it is expedient to enact a law to establish and incorporate an Open University in the
State of Maharashtra for the introduction and promotion of the Open University and distance education
system in the educati onal pattern of the State of Maharashtra, as a measure in the decentralisation and
reorganisation of University education in that State and to provide for matters connected therewith or
supplemental or incidental thereto; It is hereby enacted in the Fortie th Year of the Republic of India as
follows :—
1. Short title and commence ment.— (1) This Act may be called the Yashwantrao Chavan
Maharashtra Open University Act, 1989.
(2) It sha ll come into force on such date 2 as the State Government may, by notificat ion in the
Official Gazette, appoint.
2. Definitions.— In this Act, and the Statutes made thereunder, unless the context otherwise
requires,—
(1) “Academic Council” means the Academic Council of the University;
(2) “Authorities” means the authorities of the University specified in section 15 as the
context may require;
(3) “Board of Management” means the Board of Management of the University;
(4) “Chancellor” means the Chancellor of the University;
(5) “distance education system” means the system of imparting education through any
means of communication such as broadcasting, telecasting, correspondence courses, seminars,
contact programmes or the combination of any two or more of such means;
(6) “employee” means any person appointed by the Universit y, and includes teachers and
other academic staff of the University;
(7) “Finance Committee” means the finance Committee of the University as constituted
under section 19;
3[(7-a) “Other Backward Classes” means and includes such classes or parts of or gro ups
within such classes, as are declared, from time to time, by the State Governme nt to be Other
Backward Classes;]
(8) “Planning Board” means the Planning Board of the University as constituted under
section 18;
(9) “prescribed” means prescribed by the Statutes, Ordinances, regulations or rul es made
under this Act;
(10) “recognised institution” means an institution established for research or specialised
studies and recognised to be so by the University;
1 For Statement of Objects and Reasons of the L. C. No. V of 1989, see Maharashtra Government Gazette , 1989,
Extraordinary No. 17, Part V, dated the 10th April 1989, page 153.
2 1st July, 1989 ( vide G. N., E. and E. D., No. UON/1489/8060/UNI. 3 -Cell, dated 28 th June, 1989 published in the
Maharashtra Government Gazette, Part IV-B, dated 27th July, 1989 at page 879).
3 Clause (7-a) was inserted by Mah. 7 of 1993, s. 14.
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(11) “regional centre” means a centre establishe d or maintained by the University for the
purpose of co -ordinating and supervising the work of study centres in any region and for
performing such other functions as may be conferred on such centre by the Board of Management;
(12) “regulations” means the regulations made by any authority of the University under this
Act;
(13) “Scheduled Castes” means such castes, races or tribes or parts of, or groups within,
such castes, races or tribes as are deemed to be Scheduled Castes in relation to the State of
Maharashtra under article 341 of the Constitution of India and, for the purposes of this Act,
includes Nav-Boudhas;
(14) “Scheduled Tribes” means such tribes or tribal communities or parts of or groups
within, such tribes or tribal communities as are deemed to be Scheduled Tribes in relation to the
State of Maharashtra under article 342 of the Constitution of India residing in any part of the
State of Maharashtra and, for the purposes of this Act, includes denotified and nomadic tribes;
(15) “school” means a school of studies of the University;
(16) “Statutes” and “Ordinances” means, respectively, the Statutes and Ordina nces of the
University;
(17) “student” means a student of the University, and includes any person who has enrolled
himself for pursuing any course of study of the University;
(18) “study centre” means a centre established, maintained or recognised by the University
for the purpose of advising, counselling, evaluating or for rendering any other assi stance required
by the students;
(19) “teachers” means professors, readers, lecturers and such other persons as may be
designated by the Ordinances for imparting instruction in the University or for giving guidance or
rendering assistance to students for pursuing any course of study of the University;
(20) “University” means the Yashwantrao Chavan Maharashtra Open University established
under section 3;
(21) “Vice-Chancellor” means the Vice-Chancellor of the University.
3. Establishment and incorporation of University. — (1) There shall be es tablished a
University by the name of “Yashwantrao Chavan Maharashtra Open University”.
(2) The headquarters of the University shall be located at Nashik; and the University may
establish, maintain or recognise institutes, schools, regional centres and st udy centres at such other
places in the State as it may deem fit.
(3) The first Vice -Chancellor and the first members of the Board of Management, the Academic
Council and the Planning Board and all persons who may hereafter become such officers or members,
so long as they continue to hold such office or membership, are hereby constituted and declared to be a
body corporate by the name of Yashwantrao Chavan Maharashtra Open University; and such body
corporate shall have perpetual succession and a common seal and may sue and be sued by the said
name.
4. Objects of Universit y.— The objects of the University shall be to advance and disseminate
learning and knowledge by a diversity of means, including the use of any communication technology,
to provide opportunities for higher education to a larger segment of the population and to promote the
educational well being of the community generally, to encourage the Open University and distance
education systems in the educational pattern of the State and the University shall, in organising its
activities, have due regard to the objects specified in the First Schedule.
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Open University Act, 1989
5. Powers of University.— (1) The University shall have the following powers, namely :—
(i) to provide for instruction in such branches of knowledge, technology, vocations and
professions as the University may determine from time to time and to make provision for research
and extension;
(ii) to plan and prescribe courses of study of degrees, diplomas, certif icates or for any other
purpose;
(iii) to hold examination and confer degrees, diplomas, certificates or other academic
distinctions or recognitions on persons who have pursued a course of study or conducted research
in the manner laid down by the Statutes and Ordinances;
(iv) to confer honorary degrees or other distinctions in the manner laid down by the Statutes;
(v) to determine the manner in which distance education in relation to the academic
programmes of the University may be organised;
(vi) to institute professorships, readerships, lecturerships, and other academic positions
necessary for imparting instruction or for preparing educational material or for conducting other
academic activities, including guidance, designing and delivery of course and evaluation of the
work done by the students and to prescribe their qualifications;
(vii) to appoint or recognise persons as teachers;
(viii) to co -operate with, and seek the co -operation of, other universities and institutions of
higher learning, professional bodies and organisations for such purposes as the University
considers necessary;
(ix) to hold and manage trusts and endowments and institute and award fellowships,
scholarships, medals, prizes and such other awards for recognition of merit as the University may
deem fit;
(x) to establish, maintain or recognise such regional centres as may be determin ed by the
University from time to time;
1[(xa) to start or conduct a sub -centre or study centre in any territory outside the State of
Maharashtra, with the approval of the Government concerned;
(xb) to undertake academic collaboration programmes with Universities and Institutions
abroad, with the approval of the State Government, and if necessary, of the Central Government;]
(xi) to establish, maintain or recognise study centres in the manner laid down by the Statutes;
(xii) to provide for the preparation of instructional materials, including films, cassettes,
tapes, video cassettes and other software;
(xiii) to organise and conduct refresher courses, workshops, seminars and other programmes
for teachers, lesson writers, evaluators and other academic staff;
(xiv) to recognise examinations of, or periods of study (whether in full or part) at, other
universities, institutions or other places of higher learning as equivalent to examinations or
periods of study in the University, and to withdraw such recognition at any time;
(xv) to make provision for research and development in educational technol ogy and matters
related thereto;
(xvi) to create administrative, ministerial and other necessary posts a nd to make
appointments thereto;
(xvii) to receive benefications, donations, and gifts for educational and other social or
national causes and maintain proper accounts thereof;
(xviii) to acquire and hold property both moveable and immoveable, to lease, sell or
otherwise transfer or dispose of any moveable or immoveable property, which may vest in, or be
1 Clauses (xa) and (xb) were inserted by Mah. 12 of 2003, s. 2.
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acquired by it, for the purposes of the University, and to contract and do all other things necessary
for the purposes of this Act:
Provided that, no such lease, sale or transfer of immoveable property shall be made without
the prior consent of the State Government:
Provided further that, where the State Government is satisfied that any such property should,
in the interest of the University, be given on lease, sold or otherwise transferred or disposed of,
the State Government shall issue necessary directions to the University and the University shall
comply with such directions forthwith;
(xix) to borrow, with the approval of the State Government, whether on the security of the
property of the University or otherwise, money for the purposes of the University;
(xx) to enter into, carry out, vary or cancel contracts;
(xxi) to demand a nd receive such fees and other charges, as may be laid down by the
Ordinances;
(xxii) to provide, control and maintain discipline among the students and all categories of
employees and to lay down the conditions of service of such employees and their code of conduct;
(xxiii) to recognise any institution of higher learning or studies for such purposes as the
University may determine and to withdraw such recognition;
(xxiv) to appoint, either on contract, or otherwise, visiting professors, emeritus profess ors,
consultants, fellows, scholars, artists, course writers, and such other persons who may contribute
to the advancement of the objects of the University;
(xxv) to recognise persons working in other universities, institutions or organisations as
teachers on such terms and conditions as may be laid down by the Ordinances;
(xxvi) to determine standards and to specify conditions for the admission of students to
course of study of the University which may include examination, evaluation and any other
method of testing;
(xxvii) to make arrangements for the promotion of the general heal th and welfare of the
employees;
(xxviii) to do all such other acts as may be necessary or incidental to the exercise of all or
any of the powers of the University and conducive to the promotion of all or any of the objects of
the University.
(2) Notwithstanding anything contained in any other law for the time being in force but without
prejudice to the provisions of sub-section (1), it shall be the duty of the University to take all such steps
as it may deem fit for the promotion of the Open University and distance education systems in the State
and for the determination of standards of teaching, evaluation and research in such systems.
6. Jurisdiction. — The University shall, in the exercise of its powers, have jurisdiction over the
whole of the State of Maharashtra:
1[Provided that, the University may, in the interest of promotion of Open University and distance
education system in the educational pattern of the State, with the prior permission of the State
Government and Government of India, open its sub-centres or study centres outside India.]
7. University open to all classes, castes and creeds. — (1) The University shall be open to
persons of either sex and of whatever race, creed, caste or class and it shall not be lawful for the
University to adopt or impose on any person any test whatsoev er of religious belief or profession or
political or other opinion in order to entitle him to be appointed as a teacher of the University or to hold
any other office therein or admitted as a student in the University or to graduate thereat, or to enjoy or
exercise any privilege thereof.
1 This proviso was added by Mah. 12 of 2003, s. 3.
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Open University Act, 1989
(2) Nothing in sub-section (1) shall be deemed to prevent the University from making any special
provisions for the appointment or admission of women or of persons belonging to the weaker sections
of the society, and in particular, of persons belonging to the Scheduled Castes 1[, Scheduled Tribes and
Other Backward Classes], in accordance with the directives, if any, given from time to time by the
State Government.
8. Chancellor and his powers. — (1) The Governor of Maharashtra shall be the Chancellor of
the University.
(2) The Chancellor shall be competent to call from time to time such information or records
relating to any affairs of the University, and the Vice-Chancellor shall furnish the same. It shall also be
lawful for the Chancellor, after perusal of such information or records, to give in the interest of the
University such directives to the Vice -Chancellor, or as he deems fit, and the Vice-Chancellor shall
comply with such directives.
(3) Subject to the provisions of sub -sections (4) and ( 5), the Chancellor shall have the right to
cause an inspection to be made, by such person or persons as he may direct, of the University, its
buildings, laboratories and equipment and of any regional cent re or a study centre and also of the
examination, instruction and other work conducted or done by the University, and to cause an inquiry
to be made in like manner in respect of any matter connected with the administration and finances of
the University.
(4) The Chancellor shall, in every case, give notice to the University of his intention to cause an
inspection or inquiry to be made and the University shall, on receipt of such notice, have the right to
make, within thirty days from the date of receipt of the notice or such other period as the Chancellor
may determine, such representation to him as it may consider necessary.
(5) After considering the representation, if any, made by the University, the Chancellor may
cause to be made such inspection or inquiry as is referred to in sub-section (3).
(6) Where an inspection or inquiry has been caused to be made by the Chancellor, the University
shall be entitled to appoint a representative who shall have the right to appear in person and to be heard
at such inspection or inquiry.
(7) The Chancellor may address the Vice -Chancellor with reference to the result of such
inspection or inquiry together with such views and advice with regard to the action to be taken thereon
as the Chancellor may be pleased to offer and on receipt of the address made by the Cha ncellor, the
Vice-Chancellor shall communicate forthwith to the Board of Management the result of the inspection
or inquiry and the views of the Chancellor and the advice tendered by him upon the action to be taken
thereon.
(8) The Board of Management sha ll communicate through the Vice-Chancellor to the Chancellor
such action, if any, as it proposes to take or has been taken by it on the result of such inspection or
inquiry.
(9) Where the Board of Management does not take action to the satisfaction of the Chancellor
within a time limit fixed by the Chancellor, the Chancellor may, after considering any explanation
furnished or representation made by the Board of Management, issue such directions as he may think
fit and the Board of Management shall be bound to comply with such directions.
(10) Without prejudice to the foregoing provisions of this section, the Chancellor may, by an
order in writing annul, suspend or modify any resolution, order or proceedings of the University which
is not in conformity with this Act, the Statutes or the Ordinances or is not in the interest of the
University:
Provided that, before making any such order, he shall call upon the University to show cause why
such an order should not be made and if any cause is shown within a tim e limit fixed by the
Chancellor, he shall consider the same.
(11) The Chancellor shall have such other powers as may be specified by the Statutes.
1 These words were substituted for the words “or Scheduled Tribes” by Mah. 7 of 1993, s. 15.
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Open University Act, 1989
9. Officers of University.— The following shall be the officers of the University, namely :—
(1) The Vice-Chancellor;
1[(1A) The Pro-Vice-Chancellor;]
(2) The Directors;
2[(2A) The Controller of Examinations;]
(3) The Registrars;
(4) The Finance Officers; and
(5) Such other officers as may be declared by the Statutes to be officers of the University.
10. Vice-Chancellor.— 3[(1) The Vice -Chancellor shall be appointed by the Chancellor in the
manner stated hereunder :—
(a) There shall be 4[a search-cum-selection committee] consisting of the following members
to recommend suitable names to the Chancellor for appointment of Vice-Chancellor, namely :—
5[(i) a member nominated by the Chancellor, who shall be a person of eminence in the
sphere of higher education and shall be e ither an eminent scholar of national repute or a
recipient of Padma Award in the field of education;]
(ii) the Principal Secretary of Higher and Technical Education Department or any
officer not below the rank of Principal Secretary to Government, no minated by the State
Government;
(iii) the Director or Head of an institute or organisation of national repute, such as,
Indian Institute of Technology, Indian Institute of Management, Indian Institute of Science,
Indian Space Research Organisation or Nat ional Research Laboratory, nominated by the
Board of Management and the Academic Council, jointly, in the manner specified by the
State Government by an order published in the Official Gazette;
6[(iv) a member to be nominated by the Chairman, University Grants Commission;]
(b) The member nominated by the Chancellor shall be the Chairman of the Committee;
7[(c) The members nominated on the committee shall be persons who are not connected in any
manner with the University or any college or any recognized institution of the University;]
(d) No meeting of the Committee shall be held unless all the 8[* *] members of the
Committee are present.
(1A) The process of preparing a panel shall begin at least three months before the probable date of
occurrence of the vacancy of the Vice-Chancellor and shall be completed within the time limit fixed by
the Chancellor. The Chancellor however, may, extend such time limit if in the exigency of the
circumstances it is necessary so to do, so however that the period so extend ed shall not exceed three
months in the aggregate.
(1B) The term of the Vice -Chancellor, his emoluments and other conditions of service, shall be
such as may be prescribed by the Statutes.
(1C) The Committee shall recommend a panel of not less than five su itable persons for the
consideration of the Chancellor for being appointed as the Vice -Chancellor. The names so
1 This clause was inserted by Mah. 12 of 2003, s. 4(a).
2 This clause was inserted by Mah. 12 of 2003, s. 4(b).
3 Sub-sections (1) to (1F) were substituted for sub-section (1) by Mah. 14 of 2009, s. 2.
4 These words were substituted for the words “a committee” by Mah. 6 of 2023, s. 2(1)(a)(i).
5 This sub-clause was substituted by Mah. 6 of 2023, s. 2 (1)(a)(ii).
6 This sub-clause was inserted by Mah. 6 of 2023, s. 2 (1)(a)(iii).
7 This clause was substituted by Mah. 6 of 2023, s. 2(1)(b).
8 The word “three” was deleted by Mah. 6 of 2023 s. 2(1)(c).
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Open University Act, 1989
recommended shall be in alphabetical order without any preference being indicated. The report shall be
accompanied by a detailed write up on suitability of each person included in the panel.
(1D) A person for being recommended by the Committee for appointment as a Vice -Chancellor
shall,—
1[(a) be a person possessing highest level of competence, integrity, morals and institutional
commitment;
(a-1) be a distinguished academician, with a minimum of ten years of experience as a
Professor in any university or ten years of experience in a reputed research or academic
administrative organisation with proof of having demonstrated academic leadership;]
(b) be able to provide leadership by his own example;
(c) be able to provide vision and have ability to translate the same into reality in the i nterest
of students and society; and
(d) possess such 2[additional educational qualifications] and experience as may be specified
by the Government, by an order published in the Official Gazette , in consultation with the
Chancellor.
(1E) The eligibility conditions and the process for recommendation of names for appointment as
Vice-Chancellor shall be given wide publicity to ensure the recommendati on of most suitable
candidates.
(1F) If the Chancellor does not approve of any of the persons recommended under sub -section
(1C), he may constitute the Committee if he deems fit and call for fresh recommendations.]
3[(1G) If a person selected by the Chancellor does not take over the charge of the post of
Vice-Chancellor, the Chancellor may select another suitable person from the remaining persons from
the panel or he may call for a fresh panel either from the same committee or after constitution of a new
committee for the purpose, from such new committee.]
(2) The Vice -Chancellor shall be the principal academic and executive officer of the university,
and shall exercise supervision and control over the affa irs of the University and give effect to the
decisions of all the authorities of the University.
(3) Notwithstanding anything contained in this Act, the Vice -Chancellor may, if he is of the
opinion that immediate action is necessary on any matter, exercise any power conferred on any
authority of the University by or under this Act and shall report to such authority the action taken by
him on such matter in its next meeting:
Provided that, if the authority concerned is of the opinion that such action ought not to have been
taken, it may refer the matter to the Chancellor whose decision thereon shall be final:
Provided further that, any person in the service of the University who is aggrieved by the action
taken by the Vice-Chancellor under this sub-section shall have the right to appeal against such action to
the Board of Management within ninety days from the date on which such action is communicated to
him and thereupon the Board of Management may confirm, modify or reverse the action taken by the
Vice-Chancellor.
(4) Notwithstanding anything contained in this Act, the Vice -Chancellor, if he is of the opinion
that any decision of any authority is beyond the powers of the authority conferred on it by the
provisions of this Act, Statutes or Ordinances or that any decision taken is not i n the interest of the
University, may ask the authority concerned to review its decision within sixty days of such decision
and if the authority refuses to review its decision either in whole or in part as directed by the Vice -
Chancellor or no decision is taken by it within the said period of sixty days, the matter shall be referred
to the Chancellor whose decision thereon shall be final:
1 This clause was substituted by Mah. 6 of 2023 s. 2(2)(a).
2 These words were substituted for the words “educational qualifications” by Mah. 6 of 2023, s. 2(2)(b).
3 This sub-section was inserted by Mah. 6 of 2023, s. 2(3).
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Open University Act, 1989
Provided that, the decision of the authority concerned shall remain suspended during the period of
review of such decision by the authority or the Chancellor, as the case may be, under this sub-section.
(5) The Vice -Chancellor shall exercise such other powers and perform such other functions as
may be prescribed by the Statues and the Ordinances.
1[10A. Pro-Vice-Chancellor.— It shall be the prerogative of the Vice-Chancellor to recommend
a person to be the Pro-Vice-Chancellor to the Board of Management. The Board of Management shall,
on the recommendation of the Vice-Chancellor, appoint a Pro -Vice-Chancellor for the Univer sity.
The Pro-Vice-Chancellor shall be appointed for such terms and on such emoluments and other
conditions of services and shall exercise such powers and perform such functions, as may be prescribed
by the Statutes.]
11. Director.— The Director shall be appointed in such manner, on such emoluments and other
conditions of service, and shall exercise such powers and perform such functions, as may be prescribed
by the Statutes.
2[11A. Controller of Examinations. — The Controller of Exa minations shall be appointed by
the Vice-Chancellor in such manner, for such terms and on such emoluments and other conditions of
service and shall exercise such powers and perform such functions, as may be prescribed by the
Statutes.]
12. Registrar.— (1) The Registrar shall be appointed in such manner, on such emoluments and
other conditions of service as may be prescribed by the Statutes.
(2) A Registrar empowered by the Board of Management shall have the power to enter into and
sign, agreements and authenticate records on behalf of the University.
(3) Every Registrar shall exercise such powers and perform such functions as may be prescribed
by the Statutes.
13. Finance officer. — The Finance Officer shall be appointed in such manner, on such
emoluments and other conditions of service and shall exercise such powers and perform such functions
as may be prescribed by the Statutes.
14. Other officers.— The manner of appointment, emoluments, powers and duties of the other
officers of the University shall be such as may be prescribed by the Statutes.
15. Authorities of University. — The following shall be the authoriti es of the University,
namely :—
(1) The Board of Management;
(2) The Academic Council;
(3) The Planning Board;
(4) The Finance Committee;
3[(4A) The Board of Examinations;
(4B) The Board of University Teaching and Research;]
(5) Such other authorities as may be declared by the Statutes to be the authorities of the
University.
1 This section was substituted by Mah. 6 of 2023, s. 3.
2 This section was inserted by Mah. 12 of 2003, s. 6.
3 These clauses were inserted by Mah. 12 of 2003, s. 7.
1989 : Mah. XX] The Yashwantrao Chavan Maharashtra 13
Open University Act, 1989
1[15A. Power of Government to specify eligibility conditions for being member of any
authority of University.— Notwithstanding anything contained in any other provisions of this Act, in
consultation with the Chancellor, the State Government may, by an order published in the Official
Gazette, specify the eligibility conditions for being appointed or nominated as a member of any
authority of the University.]
16. Board of Management. — (1) The Board of Management shall be the principal executive
body of the University.
(2) The constitution of the Board of Management, the term of office of its members and its
powers and functions shall be such as may be prescribed by the Statutes.
17. Academic Council.— (1) The Academic Council shall be the principal academic body of the
University and shall, subject to the provisions of this Act, the Statutes and Ordinances, have the control
and general regulation of, and be responsible for, the maintenance of standards of learning, education,
instruction, evaluation and examination within the University and shall exercise such powers, and
perform such other function as may be conferred or imposed upon it by the Statutes.
(2) The constitution of the Academic Council and th e term of office of its members shall be such
as may be prescribed by the Statutes.
18. Planning Board.— (1) There shall be constituted a Planning Board of the University which
shall be the principal planning body of the University and shall also be resp onsible for the monitoring
of the developments of the University on the lines indicated in the objects of the University.
(2) The constitution of the Planning Board, the term of office of its members and its powers and
functions shall be prescribed by the Statutes.
19. Finance Committee.— The constitution, powers and functions of the Finance Committee
shall be such as may be prescribed by the Statutes.
2[19A. Board of Examinations. — The constitution, powers and functions of the Board of
Examinations shall be such as may be prescribed by the Statutes.
19B. Board of University Teaching and Research.— The constitution, powers and functions of
the Board of University Teaching and Research shall be such as may be prescribed by the Statutes.]
20. Other authorities.— The constitution, powers and functions of other authorities which may
be declared by the Statutes to be the authorities of the University shall be such as may be prescribed by
the Statutes.
21. Statutes.— Subject to the provisions of this Act, the Statutes may provide for all or any of
the following matters, namely :—
(a) 3[the term of appointment of the Vice -Chancellor,] the emoluments and other conditions
of his service and the powers and functions that may be exercised and performed by him;
(b) th e manner of appointment of the 4[Pro-Vice-Chancellor, Director, Controller of
Examinations,] Registrar, Finance Officer and other officers, the emoluments and other
conditions of their service and the powers and functions that may be exercised and performed by
each of the officers;
1 Section 15A was inserted by Mah. 14 of 2009, s. 3.
2 Sections 19A and 19B were inserted by Mah. 12 of 2003, s. 8.
3 These words were substituted for the words “the manner of appointment of the Vice -Chancellor, the term of his
appointment” by Mah. 14 of 2009, s. 4.
4 These words were substituted for the word “Director” by Mah. 12 of 2003, s. 9.
14 The Yashwantrao Chavan Maharashtra [1989 : Mah. XX
Open University Act, 1989
(c) the constitution of the Board of Management and other authorities of the University, the
term of office of the members of such authorities and the powers and functions that may be
exercised and performed by such authorities;
(d) the manner of appointment of teachers and other employees of the University, their
emoluments, qualifications, code of conduct and other conditions of service including the manner
of termination of service and other disciplinary action;
1[(d-a) provision for reservation of adequate number of posts of teachers, officers and other
employees of the University for members of the Schedule Castes, Scheduled Tri bes and Others
Backward Classes;]
(e) the conferment of honorary degrees;
(f) the acceptance and management of trusts, bequests, donations and endowments;
(g) laying down the policy and norms regarding—
(i) fixation of examination fees and emoluments, travelling and other allowances to be
paid to the examiners, moderators and such other staff appointed for the examination work;
(ii) payment for teachers, lesson writers, evaluators and other academic staff appointed
for organisation and conducting refresher courses, workshops , seminars and other
programmes;
(iii) rates of tuition fees and other charges receivable from the students;
(iv) rates of remuneration to visiting professors, emeritus professors, consultants,
fellows, scholars, artists, course writers;
(h) the principles governing the seniority of service of the employees of the University;
(i) the procedure for the settlement of dispute between the University and the Students;
(j) all other matters which, by or under this Act, are to be, or may be, provided by the
Statutes.
22. Statutes how made.— (1) The first Statutes are those set-out in the Second Schedule.
(2) The Board of Management may, from time to time, make new or additional Statutes or may
amend or repeal the Statutes referred to in sub-section (1):
Provided that, the Board of Management s hall not make, amend or repeal any Statute affecting
the status, powers of constitution of any authority of the University until such authority has been given
a reasonable opportunity to express, within the time fixed by the Board of Management, its opinio n in
writing on the proposed changes and any opinion so expressed has been considered by the Board of
Management.
(3) Every new Statute or addition to the Statutes or any amendment or repeal thereof shall require
the approval of the Chancellor, who may assent thereto or withhold assent or remit to the Board of
Management for reconsideration in the light of the observations, if any, made by him.
(4) A new Statute or a Statute amending or repealing an existing Statute shall not be valid unless
it has been assented to by the Chancellor.
(5) Notwithstanding anything contained in the foregoing sub -sections, the Chancellor m ay make
new or additional Statutes or amend or repeal the Statutes referred to in sub -section ( 1) during the
period of five years immediately after the commencement of this Act.
(6) Notwithstanding anything contained in the foregoing sub -sections, the Chancellor may either
suo moto or in consultation with Government direct the University to make provisions in the Statutes in
respect of any matter specified by him and if the Board of Management is unable to implement such a
direction within sixty days of it s receipt, the Chancellor may, after considering the reasons, if any,
1 Clause (d-a) was inserted by Mah. 7 of 1993, s. 16.
1989 : Mah. XX] The Yashwantrao Chavan Maharashtra 15
Open University Act, 1989
communicated by the Board of Management for its inability to comply with such direction, make or
amend the Statutes suitably.
23. Ordinances.— (1) Subject to the provisions of this Act and the Statutes, the Ordinances may
provide for all or any of the following matters, namely :—
(a) the admission of students, the courses of study and the fees therefor, the qualifications,
pertaining to degrees, diplomas, certificates and other courses, the conditions for the grant of
fellowships, awards and the like;
(b) the conduct of examinations, including the terms and conditions for the appointment of
examiners, moderators and such other staff and their duties;
(c) the conduct and discipline of the students and the action to be taken against them for
breach of discipline or misconduct, including the following, namely :—
(i) use of unfair means at an examination, or in relation thereto, by himself or by any
other student, or abetment thereof;
(ii) refusal to appear or give evidence in any authorised inquiry by an officer in charge
of an examination, or by any officer or authority of the University; or
(iii) disorderly or otherwise objectionable conduct whether w ithin or outside the
University;
(d) the conduct of examinations and other tests, and the manner in which the candidates may
be assessed or examined by the examiners;
(e) the inspection of study centres and recognised institutions;
(f) the mode of execution of contracts or agreements for, or on behalf of, the University;
(g) the rules to be observed and enforced by study centres and recognised institutions
regarding transfer of students;
(h) the holding of convocations to confer degrees, diplomas, certificates and other academic
distinctions;
(i) collaboration with other Universities in the State and other statutory authorities and
collaboration with departments of the State Government;
(j) the appointment, for a specified period or periods, of teachers and other academic staff
working in any other University or organisation for undertaking joint projects;
(k) provision for reservation of adequate number of posts of teachers, officers and other
employees of the University for members of the Scheduled Castes and Scheduled Tribes;
(1) manner of withdrawal of recognition;
(m) any other matter which by this Act or the Statutes is to be, or may be, provided for by
the Ordinances.
(2) The first Ordinances shall be made by the Vice -Chancellor with the previous approval of the
Chancellor and the Ordinances so made may be amended, repealed or added to at any time by the
Board of Management in such manner as may be prescribed by the Statutes.
24. Regulations.— The authorities of the University may, subject to the approval of the Board of
Management, make regulations, consistent with this Act, the Statutes and the Ordinances, for the
conduct of their own business and that of the committee s, if any, appointed by them and not provided
for by this Act, the Statutes or the Ordinances, in such manner as may be prescribed.
25. University Fund. — (1) The University shall establish a fund to be called the University
Fund.
(2) The following shall form part of, or be paid into, the University Fund, namely :—
16 The Yashwantrao Chavan Maharashtra [1989 : Mah. XX
Open University Act, 1989
(a) all contributions or grants made by the State Government, the Central Government, the
Indira Gandhi National Open University and the University Grants Commission;
(b) all income of the Un iversity from any source whatsoever includi ng income from fees
and charges;
(c) all income or moneys from trusts, bequests, donations, endowments, subventions and
other grants;
(d) any sums borrowed from the banks, with the previous perm ission of the Stat e
Government.
(3) The University shall have, and maintain, a Contingency Fund under a separate head in the
University accounts, to which shall be credited such sums as may, from time to time, be granted as
contributions or grant by the State Government spe cially for this purpose. Such Fund shall be used
only for making advances for the purpose of meeting unforeseen expenditure.
(4) With the previous sanction of the State Government, any portion of the University Fund may,
from time to time, be credited by the University to a separate head in the University accounts:
Provided that, there shall be credited and debited to such specia l head, only such sums as shall
expressly relate to the objects for which such separate fund is created:
Provided further that, the Board of Management may, by passing a special resolution, authorise
transfer of any amount temporarily from one head to another in the University accounts.
(5) The University Fund shall, at the discretion of the Board of Management, be kept in the State
Bank of India, or in any Scheduled Bank as defined in the Reserve Bank of India Act, 1934
(2 of 1934), which holds a licence issued by the Reserve Bank of India under section 22 of the Banking
Regulation Act, 1949 (10 of 1949 ), or in a Co -operative Bank approved by the State Government for
the purpose, or be invested in securities authorised by the Indian Trusts Act, 188 2 (2 of 1882 ), or,
subject to the maximum limit of rupees five lakhs, in the shares of, or by giving loans to, the
Consumers’ Co -operative Societies established for the purposes of the Universi ty, or recognised
institutions.
26. Annual financial estimates .— (1) The annual financial estimates of the University for the
ensuing financial year shall be prepared by the Finance Officer, under the direction of the Board of
Management, at least five months before the commencement of the Financial year.
(2) The financial year of the University shalExcerpt shown. Open the full act in Lexace.
Lex