LexThe Maharashtra Unaided Private Professional Educational Institutions (Regulation of Admissions and Fees) Act, 2015.
Maharashtra · state statute
Open in Lexace · Ask the AI about this act2015 : Mah. XXVIII] 1
THE MAHARASHTRA UNAIDED PRIVATE PROFESSIONAL
EDUCATIONAL INSTITUTIONS (REGULATION OF ADMISSIONS
AND FEES) ACT, 2015
[Text as on 18th February 2025]
________________
CONTENTS
PREAMBLE.
SECTIONS.
CHAPTER I
PRELIMINARY
1. Short title, extent and commencement.
2. Definitions.
CHAPTER II
REGULATION OF ADMISSIONS
3. Eligibility for admission.
4. Manner of admission.
5. Irregular admissions void.
6. Allocation and reservation of seats.
CHAPTER III
ADMISSIONS REGULATING AUTHORITY AND STATE COMMON ENTRANCE TEST CELL
7. Constitution of Admissions Regulating Authority and its functions.
8. Term of Office and Conditions of Service of Chairperson and members of Admissions
Regulating Authority.
9. Functions, powers and procedure of Admissions Regulating Authority.
10. State Common Entrance Test Cell and its functions.
CHAPTER IV
REGULATION OF FEES
11. Fees Regulating Authority.
12. Term of Office and Conditions of Services of Chairperson and members of Fees Regulating
Authority.
13. Functions, powers and procedure of Fees Regulating Authority.
14. Procedure to be adopted by Fees Regulating Authority.
15. Factors for determination of fee structure.
16. Funds of Regulating Authorities.
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CHAPTER V
ACCOUNTS AND MAINTENANCE OF RECORDS OF AUTHORITIES
17. Maintenance of Accounts.
18. Audit.
19. Report of activities of Regulating Authorities.
CHAPTER VI
PENALTIES
20. Penalties.
CHAPTER VII
MISCELLANEOUS
21. Protection of action taken in good faith.
22. Power of State Government to issue directions.
23. Power to make rules.
24. Power to make regulations.
25. Power to remove difficulty.
26. Repeal of Mah. Ord. VII of 2015 and saving.
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Educational Institutions (Regulation of Admissions and Fees) Act, 2015
LIST OF AMENDMENT ACTS
1. Amended by Mah. 21 of 2023 (21-04-2023)
2. Amended by Mah. 30 of 2024 (31-07-2024)
Note.- The date mentioned in the bracket indicates the date of commencement of the Act.
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Educational Institutions (Regulation of Admissions and Fees) Act, 2015
2015 : Mah. XXVIII] The Maharashtra Unaided Private Professional 5
Educational Institutions (Regulation of Admissions and Fees) Act, 2015
MAHARASHTRA ACT NO. XXVIII OF 20151,2
[THE MAHARASHTRA UNAIDED PRIVATE PROFESSIONAL EDUCATIONAL
INSTITUTIONS (REGULATION OF ADMISSIONS AND FEES) ACT, 2015.]
[This Act received the assent of the Governor on the 14th August 2015; assent was first published,
in the Maharashtra Government Gazette, Part IV, on the 17th January 2015.]
An Act to provide for regulation of admissions and fees by Unaided Private
Professional Educational Institutions in the State of Maharashtra and for
matters connected therewith or incidental thereto.
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 provide for regulation of admissions and fees
by Unaided Private Profess ional Educational Institutions in the State of Maharashtra and for matters
connected therewith or incidental thereto; and, therefore, promulgated the Maharashtra Unaided Private
Professional Educational Institutions (Regulation of Admissions and Fees) Ordi nance, 2015
(Mah. Ord. VII of 2015) on the 12th May 2015;
AND WHEREAS it is expedient to replace the said Ordinance, by an Act of the State legislature,
with certain minor modification; it is hereby enacted in the Sixty-sixth 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
Unaided Private Professional Educational Institutions (Regulation of Admissions and Fees) Act, 2015.
(2) It extends to the whole of the State of Maharashtra.
(3) It shall be deemed to have come into force on the 12th May 2015.
2. Definitions.— In this Act, unless the context otherwise requires,—
(a) “Admissions Regulating Authority” means the Authority co nstituted under section 7 for
regulating the admissions in Unaided Private Professional Educational Institutions and
conducting CETs;
(b) “appropriate authority” means the authorities declared by the State or Central
Government which approve and regulate the professional courses or educational disciplines;
(c) “Centralized Admission Process (CAP)” means the centralized process of admission
carried out by the competent authority through single window system in a transparent manner for
admitting the students for various professional courses in educational institutions;
(d) “Common Entrance Test (CET)” means the entrance test conducted for determination of
merit of the candidates by Centralized Admission Process (CAP) for the purpose of admission to
professional education courses through a single window system;
(e) “Competent Authority” means the Commissioner of State CET appointed by the
Government under section 10, for conducting CET through CAP for the admissions into Private
Professional Educational Institutions;
(f) “Director” means the Director of Higher Education or, of Technical Education or, of
Medical Education and Research or, of any other Direct orate or Commissioner of any
1 For Statement of Objects and Reasons (in Eng lish) of the L. A. Bill No. XXXIII of 2015, see Maharashtra Government
Gazette 2015, Extraordinary No. 27, Part V-A, dated the 16th July 2015, page 15.
2 Maharashtra Ordinance No. VII of 2015 was repealed by Mah. 28 of 2015, s. 26.
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Commissionarate of the State Government, entrusted with the task of supervision of the Private
Professional Educational Institution;
(g) “Fees” means the amount fixed as fee which includes tuition fee, library fee, gymkhana
fee, examination fee, development fee or amount payable for any curricular or co -curricular
activities, laboratory fee, information brochure fee and any other amount collected from the
students, by whatsoever name called, and accepted in whichever manner, th at is made payable to
a Private Professional Educational Institution, for whatever purpose, by any candidate admitted to
a professional course at such institution, but excludes any charges payable towards use of any
optional hostel accommodation, mess charges and Students Insurance Fees;
(h) “Fees Regulating Authority” means the authority constituted under section 11 for
determination and regulation of fee in unaided institutions;
(i) “Foreign Student” means a student who is not a citizen of India;
(j) “Government” or “State Government” means the Government of Maharashtra;
(k) “lateral entry” means admission of students in second year of the course against seats as
per the guidelines of the appropriate authorities;
(l) “management” means the managing committee or the governing body, by whatever name
called, of the Private Professional Educational Institution to which the affairs of such Institution
are entrusted and where such affairs are entrusted to any person, by whatever name or designation
called, includes such person;
(m) “Minority Educational Institution” means a Private Professional Educational Institution
notified as such by the State Government, established and administered for and by the persons
belonging to the minority community, domiciled in the State of Maharashtra, having right to do
so under clause (1) of article 30 of the Constitution of India;
(n) “Non -Resident Indian (NRI)” means a person who is “not ordinarily resident” under
sub-section ( 6) of sectio n 6 of the Income Tax Act, 1961 ( 43 of 1961), and includes a person
resident outside India under clause ( w) of section 2 of the Foreig n Exchange Management Act,
1999 (42 of 1999), and also includes his child or ward;
(o) “Person of Indian Origin (PIO)” means a person who is a citizen of a country other than
India but who, at any time, was a citizen of India; or in whose case either parent or any
grandparent was a citizen of India by virtue of the provisions of Part II of the Constitution of
India or under the Citizenship Act, 1955 (57 of 1955);
(p) “prescribed” means prescribed by rules made under this Act;
(q) “Private Professional Educational Institution” means any college, school, institute,
institution or other body, by whatever name called, conducting any professional course or courses
approved or recognized by the appropriate authority and affiliated to any university, but shall not
include,—
(i) any such institution established, maintained or administered by the Central
Government, any State Government or any local authority;
(ii) institution declared to be a deemed university under section 3 of the Universit y
Grants Commission Act, 1956 (3 of 1956); or
(iii) a university to which the provisions of the University Grants Commission
(Establishment and Maintenance of Private Universities) Regulations, 2003 are applicable;
(r) “Professional Education” means any educational course of study declared and notified as
such, from time to time by the Government which includes a course leading to the award of an
Under Graduate or Post -Graduate degree, diploma, by whatever name called and recognized by
the appropriate authority;
(s) “profiteering” means any amount accepted in cash or kind, directly or indirectly which is
in excess of the fee approved as per the provisions of this Act;
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Educational Institutions (Regulation of Admissions and Fees) Act, 2015
(t) “regulations” means the regulations framed by the Regulating Authorities;
(u) “Regulating Authority” means the Admissions Regulating Authority under section 7 or
the Fees Regulating Authority under section 11, as the case may be;
(v) “sanctioned intake” me ans the total number of seats sanctioned or approved by the
appropriate authority for admitting candidates in a single academic year in each professional
course of study or discipline in a Private Professional Educational Institution at the appropriate
level of entry;
(w) “Stake -holders” means the management, the students studying in the respective
institution and their parents;
(x) “unaided institution” means Private Professional Educational Institution, which is not
receiving aid or grant -in-aid from th e Central Government, the State Government or the local
authority;
(y) “University” shall have the same meaning as assigned to it in clause ( f) of section 2 of
the University Grants Commission Act, 1956 (3 of 1956).
CHAPTER II
REGULATION OF ADMISSIONS
3. Eligibility for admission.— (1) The eligibility conditions and requirements for admission to a
professional course at any Private Professional Educational Institution shall be such as may be notified
by the Government from time to time, but shall not be le ss than, those stipulated by the appropriate
authority.
(2) No student shall be admitted to a Private Professional Educational Institution unless the
student possesses such educational or equivalent qualification as may be notified.
(3) Unaided institution shall admit students through a process as may be prescribed.
4. Manner of admission. — The admissions to seats for professional course in every unaided
institution shall be carried out in the following manner :—
(a) admission to seats in a Private Professional Educational Institution excluding
institutional quota declared by Government from time to time, shall be made on the basis of merit
by following the procedure of Common Entrance Test (CET) conducted in the manner, as may be
prescribed by rules:
Provided that, the admission to institutional quota shall be on the basis of merit and after
following the procedure specified by the appropriate authority:
Provided further that, the State Government may by order issued from tim e to time exempt
any professional courses, from requirement of the Common Entrance Test (CET) thereto.
(b) admissions to such institution shall be carried out by the competent authority through the
Centralized Admission Process on the basis of Common Entr ance Test (CET) and Centralized
Admission Process (CAP);
(c) the Competent Authority shall supervise and guide the entire Centralized Admission
Process in such manner as it may specify with a view to ensuring that the process is fair,
transparent, merit-based and non-exploitative.
5. Irregular admissions void.— Any admission made in contravention of the provisions of this
Act or the rules made thereunder shall be void.
6. Allocation and reservation of seats. — (1) The allocation of seats under different categories
in an unaided institution, not being a Minority Educational Institution, shall be in accordance with the
Maharashtra Private Professional Educational Institutions (Reservation of seats for admission for
Scheduled Castes, Scheduled Tribes, De -notified Tribes ( Vimukta Jatis), Nomadic Tribes and Other
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Backward Classes) Act, 2006 (Mah. XXX of 2006) and as per the Government policy declared from
time to time, including the NRI quota.
(2) In an unaided Minority Educational Institution, the admissions shall be made as per the policy
of the State Government and not less than fifty -one per cent. of the sanctioned intake shall be filled by
minority students from within the State, belonging to the minority community to which the institution
belongs on the basis of inter-se merit of the Common Entrance Test (CET) and Centralized Admission
Process (CAP):
Provided that, if any seats earmarked for the minority category in an unaided Minority
Educational Institution remain to be filled in a academic year or where the students leave the institution
after selection, the unfilled vacant seats shall be surrendered to the Competent Authority of the State
Government for being filled up from the minority to which the minority institution belongs, on the
basis of inter-se merit list prepared on the basis of the Common Entrance Test (CET) conducted in
accordance with the provisions of sub -section ( 4) of section 10 and Centralized Admission Process
(CAP):
Provided further that, if any seats remain unfilled even thereafter, su ch unfilled seats shall be
filled from the student belonging to the general category on the basis of merit of the Common Entrance
Test (CET) conducted by the Competent Authority and Centralized Admission Process (CAP):
Provided also that, if such institut ion fails to admit minimum fifty -one per cent. of its sanctioned
intake from the persons belonging to the concerned minority, for period of three consecutive years the
Competent Authority shall inform the State Government to refer such institution for taki ng action
under section 12C of the National Commission for Minority Edu cational Institutions Act, 2004
(2 of 2005).
CHAPTER III
ADMISSIONS REGULATING AUTHORITY AND STATE COMMON ENTRANCE TEST CELL
7. Constitution of Admissions Regulating Authority and its functions.— (1) There shall be an
Authority to be known as “the Admissions Regulating Authority” to exercise the powers conferred on,
and discharge the functions assigned to it, under this Act.
(2) The State Government may, by notification in the Official Gazette, constitute the Authority
under sub -section ( 1). The said Authority shall be a body corporate by the name aforesaid having
perpetual succession and common seal and shall have powe r to acquire, hold, and dispose off property
both movable and immovable, and to do all things necessary for the purpose of this Act, and may sue
or be sued by its name.
(3) The authority shall consist of,—
(a) a retired Judge of High Court or retired officer of the
Government of the rank of Chief Secretary
1[or Additional Chief Secretary]
. . Chairperson
(b) an eminent educationist who has worked as Vice -
Chancellor of University
. . Member
(c) an expert of repute from the field of Professional
Education
. . Member
(d) the Registrar, Maharashtra University of Health Sciences,
Nashik
. . Member
(e) the Director of Technical Education . . Member
(f) the Director of Higher Education . . Member
(g) the Member -Secretary of the Maharashtra Council of . . Member
1 These words were inserted by Mah. 30 of 2024, s. 2(i).
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Agricultural Education and Research
(h) the Commissioner of State CET . . 1[Member-
Secretary].
(4) The appointment of Chairperson and of members under clauses ( a), (b) and (c) of sub-section
(3) shall be made by the State Government.
(5) No person who is associated with any private aided or unaided Professional Educational
Institution shall be eligible for being a member of Admissions Regulating Authority.
(6) A member of the Admissions Regulating Authority shall cease to be so, if he does any act
which in the opinion of the State Government is unbecoming of a member of the Authority.
(7) The Chairperson shall preside over the meetings of the Admissions Regulating Authority and
the authority may adopt its own procedure by regulations, as it deem fit.
(8) No act or proceeding of the Admissions Regulating Authority shall be deemed to be invalid
by reason merely of any vacancy in, or any defect in the constitution thereof.
8. Term of Office and Condi tions of Service of Chairperson and members of Admissions
Regulating Authority.— (1) The term of Office of the Chairperson and members of the Admissions
Regulating Authority, shall be of five years from the date of their nomination 2[or till they attains
sixty-five years of age, whichever is earlier] and in the case of any vacancy arising earlier for any
reason, such vacancy shall be filled for the reminder period of the term.
(2) The Chairperson and members of the Admissions Regulating Authority shall no t be eligible
for re-appointment.
(3) The Chairperson or a Member may resign from the office in writing addressed to the
Government and on such resignation being accepted, his office shall become vacant and the vacancy
may be filled in within a period of three months from the date of occurrence of the vacancy.
(4) The Chairperson or a Member of the Admissions Regulating Authority may be removed, if he
does any act which, in the opinion of the Government, is unbecoming of the Chairperson or a Member
of such Authority. The Chairperson or a Member so removed shall not be eligible for re -appointment
on such Authority:
Provided that, no Chairperson or Member may be removed from the Admissions Regulating
Authority without giving him a reasonable opportunity of being heard.
(5) The salaries and allowances to be paid to the Chairperson and members of the Admissions
Regulating Authority shall be such as may be notified, either prospectively or retrospectively, by the
Government, from time to time.
(6) A person shal l be disqualified for appointment as the Chairperson or Member of the
Admissions Regulating Authority, if such person,—
(i) is holding any office, post or is in any way directly or indirectly connected or associated
with any unaided institution;
(ii) has been convicted and sentenced to imprisonment for an offence which, in the opinion
of the Government, involves moral turpitude;
(iii) is an undischarged insolvent;
(iv) is of unsound mind and stands so declared by a Competent Court;
(v) has been removed or dismissed from the service of the Government or a body corporate
owned or controlled by the Government;
1 These words were substituted for the word “Secretary” by Mah. 30 of 2024, s. 2(ii).
2 These words were inserted by Mah. 30 of 2024, s. 3.
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Educational Institutions (Regulation of Admissions and Fees) Act, 2015
(vi) has, in the opinion of the Government such financial or other interest as is likely to
affect prejudicially the performance of the functions an d the discharge of his duties as such
Chairperson or a Member; or
(vii) has such other disqualifications as may be prescribed.
(7) The other terms and conditions of service of the Chairperson and the members shall be such
as may be prescribed.
9. Functions, powers and procedure of Ad missions Regulating Authority. — (1) The
functions of the Admissions Regulating Authority shall be,—
(i) conducting and monitoring CET through CET Cell established under this Act;
(ii) verification of admission proposals and final approval thereof;
(iii) cancellation of admission if found contrary to the provisions of this Act;
(iv) redressal of grievances from the Stake-holders.
(2) The Admissions Regulating Authority, for the purpose of exercise of its functions under this
Act, shall have the following powers, namely :—
(i) to adjudicate the dispute amongst the Stake -holders regarding admission of the students
in the unaided institutions;
(ii) to prescribe its own procedure regarding scrutiny of a dmission proposals and grievance
redressal mechanism as it deem fit;
(iii) to declare that the admission process of the unaided institution that is unfair, non -
transparent and exploitative and therefore invalid, after giving a reasonable opportunity of being
heard to those who are likely to be adversely affected by the decision of the Authority;
(iv) to recommend to the concerned affiliating University, Board or such other authority for
withdrawal of affiliation or recognition of the Institution for admissions those are made in
contravention of this Act.
(3) Notwithstanding anything contained in sub-sections (1) and (2) the Pravesh Niyanttran Samiti
existing on to the date of commencement of this Act shall continue to exercise the powers of the
Admissions Regulating Authority till such Authority is duly constituted under this Act.
(4) In the discharge of its functions, and, for the purpose of making any inquiry under this Act,
the Admissions Regulating Authority shall have all the powers of a Civil Court under the Code of Civil
Procedure, 1908 (5 of 1908) while trying a suit, in respect of the following matters, namely :—
(i) the summoning and enforcing the attendance of any witness and examining him on oath;
(ii) the discovery and production of any document;
(iii) the reception of evidence on affidavits;
(iv) the issue of commission for the examination of the witness.
(5) In carrying out its functions under this Act, the Authority and every unaided Institution shall
follow the following procedure, namely :—
(i) every unaided institution shall submit the ‘ admission approval proposals ’ to the
concerned Directorate within fifteen days from the cut-off date of admission;
(ii) every institution shall submit such proposal certified by the concerned Directorate to the
Admissions Regulating Authority within two months from the date of such certification;
(iii) every such proposal received from the Institution by Admissions Regulating Authority
shall be scrutinized and approved before the 31st January of every year;
(iv) any grievance regarding admission may be admitted b efore the Authority and shall be
decided within a fortnight and before the cut-off date for admission;
2015 : Mah. XXVIII] The Maharashtra Unaided Private Professional 11
Educational Institutions (Regulation of Admissions and Fees) Act, 2015
(v) the Admissions Regulating Authority shall have power to review its own order after
recording the reasons therefor;
(vi) no act or proceeding of the Admissions Regulating Authority shall be deemed to be
invalid by reason merely of any vacancy in, or any defect in the constitution thereof;
(vii) the Admissions Regulating Authority shall by regulations, prescribe its procedure
regarding scrutiny of admission proposals and grievance redressal mechanism as it deem fit.
10. State Common Entrance Test Cell and its functions.— (1) There shall be a State Common
Entrance Test Cell.
(2) The State Common Entrance Test Cell shall be headed by an officer working under the
control of the Admissions Regulating Authority, not below the rank of the Joint Secretary, nominated
as the Commissioner of State CET.
(3) The Commissioner shall be assisted by officers of the rank of Joint Director of the State
Government, in the fields of the Medical, Technical, Agriculture, Higher Education, etc.
(4) The Common Entrance Test for admissions to Unaided Institution shall be conducted by the
Competent Authority:
Provided that, the State Government may allow such admissions throug h CET conducted by the
authorities of the Central Government.
(5) The Cell shall have such powers and shall discharge such functions and conduct the
examination in such manner as may be prescribed.
(6) The Cell shall take all decisions in respect of condu ct of the Common Entrance Test in a fair
manner maintaining the required confidentiality. It shall appoint examiners, evaluators, moderators and
persons for assignment of software development required for the conduct of examination, evaluation
and result p rocessing, and also appoint persons as service providers required for t he conduct of the
online or off line examination and shall undertake printing of various documents, etc. It shall exercise
financial powers for execution of all activities related to conduct of CETs.
(7) Admission to every seat excluding institutional quota shall be made on the basis of merit
secured at the Common Entrance Test (CET) followed by Centralized Admission Process of the State,
subject to the reservation policy of the State:
Provided that, nothing in this sub-section shall apply to the Centralized Admission Process, being
conducted for the academic year 2015-2016.
CHAPTER IV
REGULATION OF FEES
11. Fees Regulating Authority. — (1) There shall be an Authority to be known as “the Fees
Regulating Authority” to exercise the powers conferred on, and discharge the functions assigned to it,
under this Act.
(2) The State Government may, by notification in the Official Gazette, constitute the Authority
under sub-section (1). The said Aut hority shall be a body corporate having perpetual succession and
common seal and shall have powe r to acquire, hold, and dispose off property both movable and
immovable, and to do all things necessary for the purpose of this Act, and may sue or be sued by i ts
name.
(3) The Authority shall consist of,—
(a) a retired Judge of High Court or retired officer of the
Government of the rank of Chief Secretary 1[or Additional
Chief Secretary]
. . Chairperson
1 These words were inserted by Mah. 30 of 2024, s. 4.
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Educational Institutions (Regulation of Admissions and Fees) Act, 2015
(b) an eminent educationist who has worked as Vice-Chancellor
of University
. . Member
1[(c) two Chartered Accountants of repute who a re members of
the Institute of Chartered Accountants of India , for a
period of not less than ten years
. . Member
(d) two Cost Accountants of repute who are members of the
Institute of Cost and Works Accountants of India, for a
period of not less than ten years, or the financial experts of
repute
. . Member]
(e) an expert of repute from the field of Professional Education . . Member
2[* * * * * *]
(g) the Director of Technical Education . . Member
(h) the Director of Higher Education . . Member
3[(h-1) the Commissioner, Medical Education . . Member
(h-2) the Director, Directorate of AYUSH,
Maharashtra State
. . Member]
(i) the Memb er-Secretary of the Maharashtra Council of
Agricultural Education and Research
. . Member
4[(j) an officer of the State Government not below the rank of
Joint Secretary.
. . Member-
Secretary].
(4) The Chairperson and of members under clauses ( a), ( b), ( c), ( d) and ( e) of sub -section ( 3)
shall be appointed by the Government.
5[(4A) The Chairperson may invite the Registrar of any University in the State of Maharashtra as
an invitee member when the business of the Fees Regulating Authority pertaining to the professional
courses concerned with that University is transacted.
(4B) The Chairperson may also invite any person or officer from the field of Higher Education,
Technical Education, Medical and Health Science, Architecture, Agriculture, Ayurved Medicine,
Homeopathy, Dental, Nursing or Pharmacy Education for obtaining their expert opinion. Such expert
invitees may participate in the proceedings of the meetings of the Fees Regulating Authority, but the y
shall have no right to vote.]
(5) No person who is associated with any private aided or unaided Professional Educational
Institution shall be eligible for being a 6[member or experts] of the Fees Regulating Authority.
(6) A Member of the Fees Regulating Authority shall cease to be so, i f he does any act which in
the opinion of the State Government is unbecoming of a member of the Authority.
(7) The Chairperson shall preside over the meeting of the Fees Regulating Authority and the
Authority may adopt its own procedure, by regulations as it may deem fit.
(8) No act or proceeding of the Fees Regulating Authority shall be deemed to be invalid by
reason merely of any vacancy in, or any defect in the constitution thereof.
12. Term of Office and Conditions of Services of Chairperson and memb ers of Fees
Regulating Authority.— The provisions of section 8 shall mutatis mutandis apply in respect of the
1 Clauses (c) and (d) were substituted by Mah. 21 of 2023, s. 2(1)(a).
2 Clause (f) was deleted by Mah. 21 of 2023, s. 2(1)(b).
3 Clauses (h-1) and (h-2) were inserted by Mah. 21 of 2023, s. 2(1)(c).
4 Clause (j) was substituted by Mah. 21 of 2023, s. 2(1)(d).
5 Sub-sections (4A) and (4B) were inserted by Mah. 21 of 2023, s. 2(2).
6 These words were substituted for the word “member” by Mah. 21 of 2023, s. 2(3).
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Educational Institutions (Regulation of Admissions and Fees) Act, 2015
term of Office and Conditions of Service of Chairperson and members of the Fees Regulating
Authority.
13. Functions, powers and procedure of Fees Regulating Authority. — (1) The Fees
Regulating Authority shall perform the following functions, namely :—
(i) to determine the reasonableness of fees levied by unaided institutions on the basis of the
factors specified in section 15; and to verify whethe r the fees so levied does not amount to
profiteering or charging of capitation fees within the meaning of clause ( a) of section 2 of the
Maharashtra Educational Institutions (Prohibition of Capitation Fe es) Act, 1987
(Mah. VI of 1988);
(ii) scrutiny and verification of fee proposals of the unaided institut ions and final approval
thereof;
(iii) to evolve the mechanism for verification of infrastructure facilities and amenities and to
undertake the verification of such facilities and amenities;
(iv) to und ertake research studies, at such intervals as the Fees Regulating Authority may
deem fit, for determining the professional course -wise expenses required to be made per student,
for the unaided institutions in accordance with the mandatory guidelines of the appropriate
authority concerned; and
(v) to undertake measures for the redressal of grievances of the Stake-holders.
(2) In the discharge of its functions under sub -section ( 1), the Fees Reg ulating Authority shall
have the following powers, namely :—
(i) scrutiny and verification of ‘fee proposals’ and final approval thereof;
(ii) to evolve mechanism for verification of infrastructure facilities, amenities and
verification thereof in unaided institutions;
(iii) redressal of grievances of the Stake-holders.
(3) Notwithstanding anything contained in sub -sections (1) and (2) the Shulka Niyanttran Samiti
existing on to the date of commencement of this Act shall continue to exercise the powers of the Fees
Regulating Authority till such Authority is duly constituted under this Act.
(4) In the discharge of its functions, and, for the purpose of making any inquiry under this Act,
the Fees Regulating Authority shall have all powers of a civil court und er the Code of Civil Procedure,
1908 (5 of 1908) while trying a suit, in respect of the following matters, namely :—
(i) the summoning and enforcing the attendance of any witness and examining him on oath;
(ii) the discovery and production of any document;
(iii) the reception of evidence on affidavits;
(iv) the issue of commission for the examination of the witness.
(5) The Fees Regulating Authority may constitute an enquiry committee of officers to verify the
infrastructure facilities and amenities provided by the institutions as against the fee recovered from the
students.
14. Procedure to be adopted by Fees Regulating Authority. — (1) In determining the
reasonableness of fee structure, the following provisions shall apply :—
(a) the Management of the Unaided Institution shall submit the details of the proposed fee
alongwith the audited accounts of the preceding financial year, the proposed budget in respect of
the current financial year and the relevant record and evidence to the Fees Regulating Authority
for its approval not later than 31st October of previous academic year;
(b) in the event of non -submission of proposal for upward revision of fees to the Fees
Regulating Authority within the time -limit specified by the Authority, the fees structure as
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Educational Institutions (Regulation of Admissions and Fees) Act, 2015
approved by the Authority and applicable during the previous academic year sha ll continue to
apply;
(c) the Fees Regulating Authority shall establish a separate scrutiny cell for the scrutiny of
proposals submitted;
(d) after considering all the relevant factors, the Fees Regulating Authority shall approve the
fees within a period of one hundred and twenty days from the date of receipt of the details of the
proposed fee and communicate the details of the fee so approved;
(e) if the fee approved by the Fees Regulating Authority is not acceptable to the unaided
institution, it may f ile review application with detail reasoning before the Fees Regulating
Authority for reviewing its decision, within fifteen days from the date of communication. It shall
be mandatory for the Fees Regulating Authority to decide such review application befo re the
31st March of every year and shall communicate its decision to the concerned institution
accordingly;
(f) the Fees Regulating Authority may prescribe its procedure regarding scrutiny of fee
proposals and grievance redressal mechanism as it deem fit.
(2) Pending the decision of the Fees Regulating Authority, the management shall be at liberty to
collect the interim or adhoc fee as the case may be, till the final determination for the particular
academic year.
(3) The Fees Regulating Authority shall indicate the different heads under which the fees may be
levied.
(4) Every unaided institution shall display on its notice board, the course -wise fees as approved
by the Fees Regulating Authority and on its website in Marathi and English, provided that, in case of
linguistic minority institutions, the display shall also be in the language of the minority to which such,
institution belongs and shall be binding on the students and the institution.
(5) No institution sha ll collect fee amounting to more than one year fee from a candidate in an
academic year and collection of fees for more than one year in an academic year shall be construed as
collection of capitation fee and such institution shall be liable to be proceeded against.
(6) The fees approved and communicated by the Fees Regulating Authority shall be applicable in
respect of the candidate who is admitted to the unaided institution in that academic year and shall not
be revised till the completion of the course of such student in the concerned institution:
Provided that, an unaided institution may, with the prior approval of the Fees Regulating
Authority, revise the fees in respect of the second or subsequent years, on the grounds such as revision
in taxes, sudden revision in regular expenditure, etc.
15. Factors for determination of fee structure. — The Fees Regulating Authority shall
determine the reasonableness of the fee structure proposed by every unaided institution, in respect of
each professional course or group of courses, considering following factors :—
(i) the location (Urban or Rural) of the institution;
(ii) the cost of land and building;
(iii) minimum mandatorily required infrastructure or facilities, as specifi ed by the
appropriate authority;
(iv) the expend iture proposed or incurred on the facilities and amenities that are not
mandatory as per the guidelines of the appropriate authority;
(v) available number of qualified regularly appointed teaching and non -teaching staff as per
the prescribed norms of the appropriate authority;
(vi) expenses on the prescribed salaries of the teaching and non-teaching staff;
(vii) the expenditure on administration and the maintenance;
2015 : Mah. XXVIII] The Maharashtra Unaided Private Professional 15
Educational Institutions (Regulation of Admissions and Fees) Act, 2015
(viii) the reasonable revenue surplus required for growth and development of the institu tion
with particular reference to the professional course conducted by it, which shall not be more than
fifteen per cent. of educational revenue in the respective professional course or group of courses;
(ix) facilities provided by the Government, such as lease of land at concessional rates and
use of its infrastructure, for the conduct of the professional courses;
(x) depreciation or contribution for asset replacement fund;
(xi) rent of building or usage charges;
(xii) incentives for quality enhancement, such as—
(a) faculty strength with Ph. D. qualifications and Research publications in
International Journals and Patent filed by the institution;
(b) faculty training and placement of students;
(c) accreditation of eligible programmes or the Institute such as NBA, NABET,
NAAC, etc.;
(xiii) rate of inflation;
(xiv) any other relevant factor, as may be determined by the Fees Regulating Authority.
16. Funds of Regulating Authorities. — (1) There shall be a separate fund of each of the
Regulating Authority.
(2) The funds of the said authorities shall consist of,—
(i) process fees payable by a Private Professional Educational Institution;
(ii) interest on deposits;
(iii) grants from the State Government, Central Government and the University Grants
Commission and other Institutions (if any).
(3) The Regulating Authorities may charge process fee for conduct of CET and charges for
fixation of fees, etc., as may be decided from time to time by the said authorities. The process fee for
each year may be decided by the concerned authorities considering their day to day expenditure
including salaries, allowances, administrative expenses, honorarium, infrastructural needs and any
other activity in pursuance of its function, etc.
(4) The concerned authorities shall open separate bank account in nationalized bank and meet
their expenses from the receipts.
CHAPTER V
ACCOUNTS AND MAINTENANCE OF RECORDS OF AUTHORITIES
17. Maintenance of Accounts. — The Regulating Authorities shall maintain their respective
accounts in such form as may be prescribed.
18. Audit.— The Accounts of the Regulating Authorities shall be audited every year by the
Comptroller and Auditor General of India and the report thereo f shall be placed before both Houses of
the State Legislature in the session immediately held thereafter.
19. Report of activities of Regulating Authorities.— The Regulating Authorities shall, in such
form and within such time as may be prescribed, submit its report annually in respect of its activities in
the previous financial year to the State Government. The State Government shall cause such report to
be placed before each House of the State Legislature in the session held immediately thereafter.
16 The Maharashtra Unaided Private Professional [2015 : Mah. XXVIII
Educational Institutions (Regulation of Admissions and Fees) Act, 2015
CHAPTER VI
PENALTIES
20. Penalties.— (1) The Regulating Authority if, of the opinion that any person has contravened
any of the provisions of this Act or the rules made thereunder, may direct such person to pay a
penalty—
(a) for the first contravention, which shall not be less than one lakh rupees but which may
extend to five lakh rupees or twice the amount taken in excess of the fee as determined under this
Act, whichever is higher;
(b) for the second or subsequent contravention, which shall not be less than two lakh rupees
but which may extend to ten lakh rupees or twice the amount taken in excess of the fee as
determined under this Act, whichever is higher.
(2) Whoever, provides incorrect information, fabricated and fake books of accounts, fraudulent
documents, and such other evidence etc., to the authorities, whether or not the act is done for profit or
gain, is said to have committed an offence and shall, on conviction be punished with imprisonment for
a term which may extend to six months.
(3) The offence under sub-section (2) shall be cognizable.
(4) If during the course of enquiry under this section, it is found that the unaided institution has
charged the fees in excess of those approved by the Authority; such fees shall be returned to the
concerned student.
(5) On repetition of contravention or irregularity, the name of the institution shall be
recommended for the withdrawal of affiliation or approval from concerned authority.
(6) Where the offence or irregularit y under this Act or rules made thereunder is committed by a
Management, every person designated by the management, from such management, for the purpose,
who, at the time when the offence or irregularity was committed, was in charge of, and responsible to,
the management for the conduct of the business of the management, as well as the management, shall
be deemed to be guilty of the offence and shall be proceeded against and punished accordingly:
Provided that, nothing contained in this sub -section shall render any person liable to punishment,
if he proves that the offence was committed without his knowledge or that he has taken due diligence
to prevent the commission of such offence.
(7) Notwithstanding anything contained in sub -section (6), where any offence under this Act or
the rules made thereunder has been committed by a management and it is proved that the offence has
been committed with the consent or connivance of, or is attributable to any neglect on the part of any
office bearer, officer or servant, such office bearer, officer or servant concerned shall also be deemed to
be guilty oExcerpt shown. Open the full act in Lexace.