The Maharashtra College Teachers (Temporary Postponement of Confirmation) Act, 1973.
Maharashtra · state statute
Open in Lexace · Ask the AI about this act1973 : Mah. XXXIII] 1
THE MAHARASHTRA COLLEGE TEACHERS
(TEMPORARY POSTPONEMENT OF CONFIRMATION) ACT, 1973
[Text as on 24th April 2024]
________________
CONTENTS
PREAMBLE.
SECTIONS.
1. Short title and commencement.
2. Definitions.
3. Temporary postponement of confirmation of teachers in colleges.
4. Repeal of Mah. Ord. IX of 1973 and saving.
2 The Maharashtra College Teachers [1973 : Mah. XXXIII
(Temporary Postponement of Confirmation) Act, 1973
1973 : Mah. XXXIII] The Maharashtra College Teachers 3
(Temporary Postponement of Confirmation) Act, 1973
LIST OF AMENDMENT ACTS
1. Amended by Mah. 25 of 1975 (25-08-1975)
Note.- The date mentioned in the bracket indicates the date of commencement of the Act.
4 The Maharashtra College Teachers [1973 : Mah. XXXIII
(Temporary Postponement of Confirmation) Act, 1973
1973 : Mah. XXXIII] The Maharashtra College Teachers 5
(Temporary Postponement of Confirmation) Act, 1973
MAHARASHTRA ACT No. XXXIII OF 19731
[THE MAHARASHTRA COLLEGE TEACHERS (TEMPORARY POSTPONEMENT OF
CONFIRMATION) ACT, 1973.]
[This Act received the assent of the Governor on the 7th September 1973; assent was first published,
in the “Maharashtra Government Gazette”, Part IV, on the 8th September 1973.]
An act provide for the postponement of confirmation in service of teachers in affiliated and
constituent colleges of certain Universities in view of proposed revision of the pattern of
education.
WHEREAS at present courses for the degree of Bachelor of Arts, Science, Commerce or
Engineering take four years and courses in the schools in the State ten or eleven years ;
AND WHEREAS it is proposed to revi se the pattern of education in schools and colleges in the
State, so as to have a ten years course for secondary education, two years course for higher secondary
education, and three or more years courses for the degrees of Bachelor of Arts, Science, Comme rce or
Engineering ;
AND WHEREAS it is proposed to introduce in colleges and selected higher secondary schools, a
two years course of higher secondary education ;
AND WHEREAS as a consequence of the aforesaid, the number of teachers in the affiliated or
constituent colleges under certain Universities may have to be reduced, and it is necessary to provide
for the postponement of the confirmation in service of teachers of colleges ;
AND WHEREAS it is expedient to make a law for the purposes aforesaid and for matters
connected therewith or incidental thereto ; It is hereby enacted in the Twenty -fourth Year of the
Republic of India as follows:—
1. Short title and commencement. — (1) This Act may be called the Maharashtra College
Teachers (Temporary Postponement of Confirmation) Act, 1973.
(2) It shall be deemed to have come into force on the 31st day of May 1973.
2. Definitions.— In this Act, unless the context otherwise requires,—
(a) “college” means an affiliated or constituent college (but does not include a Government
college) ;
(b) “relevant Act” means the Poona University Act, 1948 (Bom. XX of 1948), the Shreemati
Nathibai Damodar Thackersey Women’s University Act, 1949 (Bom. LI of 1949), the Bombay
University Act, 1953 (Bom. XXXI of 1953), the Marathwada U niversity Act, 1958 (Bom.
XXXIX of 1958), the Shivaji University Act, 1962 (Mah. XXVIII of 1962) or the Nagpur
University Act, 1963 (Mah. XXII of 1964), as the case may be, under which the particular
University is established ;
(c) “University”, in relatio n to a college, means the University of Poona, the Shreemati
Nathibai Damodar Thackersey Women’s University, the University of Bombay, the Marathwada
University, the Shivaji University or the Nagpur University, as the case may be, to which it is
affiliated or of which it is a constituent college ;
(d) words and expressions used in this Act and not defined shall have the meaning assigned
to them in the relevant Act.
3. Temporary postponement of confirmation of teachers in colleges. — Notwithstanding
anything contained in the relevant Act (and in the Statutes, Ordinance, Regulations and Rules made
thereunder), or in any other law for the time being in force, or in any contract, a teacher of a college,
who is temporary employee or on probation and not confirmed immediately before the commencement
1 For Statement of Objects and Reasons of the L. A. Bill No. XXIII of 1973, see Maharashtra Government Gazette 1973,
Extraordinary, Part V, page 208.
6 The Maharashtra College Teachers [1973 : Mah. XXXIII
(Temporary Postponement of Confirmation) Act, 1973
of the Maharashtra College Teachers (Temporary Postponement of Confirmation) Ordinance, 1973
(Mah. Ord. IX of 1973), shall not be confirmed until such date as the State Government may by
notification in the Official Gazette appoint ; and his services shall be liable to be terminated at any time
by the management of the college by giving him one month’s notice, or salary in lieu thereof :
Provided that, where the confirmation of any teacher is post poned or the services of any teacher
are terminated, any such teacher shall be given first preference when any equivalent or lower post of a
teacher, to the post held by him immediately before the commencement of the said Ordinance, is to be
filled in the college or under the same management for higher secondary education. If the teacher
accepts such offer, he shall be appointed by the management to such post on a salary, which shall be
not less than the salary he was drawing immediately before the commence ment of the said Ordinance,
but the scale of pay and other conditions of service (including workload) shall be as attached to the
post accepted by him.
1[Provided further that, as soon as may be after the date aforesaid is appointed by the State
Government by notification in the official Gazette , a teacher of a college, who was a temporary
employee or on probation and not confirmed immediately before the commencement of the said
Ordinance and whose services were continued upto that date, shall be confirmed by the management of
the college from the date on which he would have been otherwise confirmed, but for the provisions of
this Act.]
4. Repeal of Mah. Ord. IX of 1973 and saving. — (1) The Maharashtra College Te achers
(Temporary Postponem ent of Confirmati on) Ordinance, 1973 (Mah. Ord. IX of 1973), is hereby
repealed.
(2) Notwithstanding such repeal, anything done or any action taken by or under the said
Ordinance, shall be deemed to have been done or taken by or under the corresponding provisions of
this Act.
1 This proviso was deemed always to have been added by Mah. 25 of 1975, s. 2.
Lex