LexThe Maharashtra State Board of Art Education Act, 2023.
Maharashtra · state statute
Open in Lexace · Ask the AI about this act2024 : Mah. XII] 1
THE MAHARASHTRA STATE BOARD OF ART EDUCATION
ACT, 2023
[Text as on 17th February 2025]
—————
CONTENTS
PREAMBLE.
SECTIONS.
CHAPTER I
PRELIMINARY
1. Short title and commencement.
2. Definitions.
CHAPTER II
ESTABLISHMENT, POWERS AND DUTIES OF GOVERNING COUNCIL
3. Establishment of Governing Council.
4. Powers and duties of Governing Council.
CHAPTER III
ESTABLISHMENT, INCORPORATION, POWERS AND DUTIES OF THE BOARD
5. Establishment of Board.
6. Incorporation of Board.
7. Objects of Board.
8. Powers and duties of Board.
9. Terms of office of, and allowances to, members of Board.
10. Disqualification of Chairperson and members of Board.
11. Casual vacancies.
12. Resignation of member.
13. Removal of member.
14. Meetings of Board.
15. Vacancy of Chairperson or member owing to disqualification.
16. Vacancy of member owing to absence without permission.
17. Decision on question as to vacancy.
18. Acts and proceedings not invalidated by vacancies or defects in constitution.
19. Power to invite experts and officers at meeting.
20. Constitution of Committees.
21. Board to assume obligations of Government in respect of matters to which this Act applies.
22. Appointment of Director.
23. Powers and duties of Director of Board.
24. Appointment, powers and duties of Secretary, officers and staff.
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CHAPTER IV
PERMISSION, AFFILIATION, CONFERRING OF AUTONOMOUS STATUS AND EQUIVALENCE
25. Affiliation of institute.
26. Procedure for permission.
27. Procedure for affiliation.
28. Continuation of affiliation.
29. Extension of affiliation.
30. Permanent affiliation and recognition.
31. Inspection of institute and report.
32. Withdrawal of affiliation or recognition.
33. Conferment of autonomous status.
34. Withdrawal of autonomous status.
35. Equivalence and eligibility.
36. Closure of institute.
37. Change or transfer of management of institute.
CHAPTER V
FUND, FINANCE, ACCOUNTS AND AUDIT
38. Application of assets of Board.
39. Funds of Board, its custody and investment.
40. General application of fund.
41. Withdrawal of fund.
42. Allotment to regional offices.
43. Preparation of annual budget estimates.
44. Annual accounts and audit.
45. Inspection and inquiry.
46. Information, returns, etc., to be furnished by Board.
47. Fee Fixation Committee.
CHAPTER VI
SUPPLEMENTARY AND MISCELLANEOUS PROVISIONS
48. Powers of Government to issue directions.
49. Manner of exercise of powers delegated to Committee.
50. Powers of Board to make regulations.
51. First regulations.
52. Powers of Board to make bye-laws.
53. Interpretation in case of doubt.
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54. Duties of, and assistance from, diploma level art institutes.
55. Protection of action taken in good faith.
56. Members, officers and employees of Governing Council and Board to be public servants.
57. Unauthorized institutes and courses.
58. Power to remove difficulties.
SCHEDULE
4 The Maharashtra State Board of Art Education [2024 : Mah. XII
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Act, 2023
MAHARASHTRA ACT No. XII OF 20241
[THE MAHARASHTRA STATE BOARD OF ART EDUCATION ACT, 2023.]
[This Act received the assent of the Governor on the 18th January 2024; assent was first published in
the Maharashtra Government Gazette, Extraordinary No. 13, Part IV, on the 19th January 2024.]
An Act to provide for establishment and incorporation of a State Board to regulate matters
pertaining to diploma level art education in the State of Maharashtra, regarding affiliation
of art institutes and courses of study therein and for matters connected
therewith or incidental thereto.
WHEREAS it is expedient to provide for establishment and incorporation of a State Board to
regulate matters pertaining to diploma level art education in the State of Maharashtra, regarding
affiliation of art institutes and courses of study therein and for matters connected therewith or
incidental thereto; it is hereby enacted in the Seventy -fourth Year of the Republic of India, as
follows :—
CHAPTER I
PRELIMINARY
1. Short title and commencement.— (1) This Act may be called the Maharashtra State Board of
Art Education Act, 2023.
(2) It shall come into force on such date 2 as the State Government may, by notification in the
Official Gazette, appoint.
2. Definitions.— In this Act, unless the context otherwise requires,—
(a) “affiliated institute” means an institute which has been granted affiliation by the Board;
(b) “appointed date” means the date on which this Act shall come into force;
(c) “Art” means fine art, visual art or performing art restricted to music only;
(d) “diploma level art education” means such art education which follows the Secondary
Education or Higher Secondary Education, as the case may be, to attain diploma or post -diploma
or post -graduate diploma or advanced diploma level fine art or visual art or performin g art
restricted to music only or such other art education as may be specified by the Board;
Explanation.— For the purposes of this clause, the expression „art education‟ also includes
diploma level programme of education in applied art, sculpture, drawin g and painting, arts and
crafts and teachers‟ training or any others diploma level programme, as may be declared by the
regulatory authority, from time to time;
(e) “art institute” means an institute imparting diploma or post -diploma or post -graduate
diploma or advanced diploma in art education, recognized by the Board under this Act;
(f) “autonomy” means a privilege of the Board conferred on an institute permitting conduct
of academic programmes, examinations and developing syllabus for respective subjec t and
issuing certificates of passing the examinations relating to diploma level art education;
(g) “autonomous institute” means an institute to which autonomy is conferred under
section 33;
(h) “Board” means the Maharashtra State Board of Art Education established under
section 5;
1 For Statement of Objects and Reasons of the L. A. Bill No. LIX of 2023, see Maharashtra Government Gazette , 2023,
Extraordinary No. 58, Part V-A, dated the 18th December 2023, pages 26-27.
2 This Act came into force on the 23 rd February 2024, vide G.N.,H. & T.E.D., No. ADR 2023/C.R. 25/TE -6, Maharashtra
Government Gazette, Part IV-B, dated the 23rd February 2024, page 2.
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(i) “bye-laws” means bye-laws made by the Board under section 52;
(j) “Director” means the Director of the Maharashtra State Board of Art Education
appointed under section 22;
(k) “examination” means examination conducted by the Board;
(l) “fee or fees” means educational fees, examination fees, fees for affiliation or any other
fee as may be specified by the Board, from time to time;
(m) “Government” means the Government of Maharashtra;
(n) “Governing Council” means the Governing Council of the Board;
(o) “Head of Institute” or “Principal” means the Head of the teaching staff of an art institute,
imparting diploma level art education recognized by the Board;
(p) “management” means the trustees or the managing or governin g body, by whatever
name called, of any trust registered under the Maharashtra Public Trusts Act (XXIX of 1950) or
any society registered under the Societies Registration Act, 1860 (21 of 1860) or a company
registered under section 8 of the Companies Act, 2013 (18 of 2013) , under the management of
which one or more institutes are conducted and admitted to the privileges of the Board;
(q) “prescribed” means prescribed by regulations made under this Act;
(r) “region” means the area comprised in each of the regions as specified in the Schedule;
(s) “regional office” means the office established by the State Government for the concerned
region;
(t) “regulations” means the regulations made by the Board under this Act;
(u) “regulatory authority” means any authority or body established by or under the law made
by the Parliament whose approval is necessary to start diploma level art institute or courses and
which are authorised to regulate the matters connected therewith and includes the Board;
(v) “Schedule” means the Schedule appended to this Act;
(w) “teacher” means a member of the teaching staff (other than Principal or the Head of
Institute) recognized by the Board.
CHAPTER II
ESTABLISHMENT, POWERS AND DUTIES OF GOVERNING COUNCIL
3. Establishment of Gove rning Council. — (1) The Government shall, by notification in the
Official Gazette, establish the Governing Council, which shall be an apex body to control and monitor
the matters pertaining to diploma level art education and examinations to be conducted by the Board.
(2) The Governing Council shall consist of the following, namely :—
(a) Minister,
Higher and Technical Education
Department,
President;
(b) Minister of State,
Higher and Technical Education
Department,
Vice-
President;
(c) Secretary,
Higher and Technical Education
Department or his nominee,
ex-officio Member;
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(d) Director, Directorate of Art, ex-officio Member;
(e) Director,
Maharashtra State Board of
Art Education,
Member-
Secretary;
(f) Deputy Director (Administration),
Directorate of Art,
ex-officio
Member;
(g) Secretary,
Maharashtra State Board of Art
Education,
ex-officio
Member;
(h) three senior practicing artists in the
field of Art, to be nominated by the
Government of whom at least one shall be a
woman and one shall be a person belonging
to Scheduled Castes or Scheduled Tribes or
Denotified Tribes (Vimukta Jatis) or
Nomadic Tribes or Other Backward Classes
or Special Backward Category,
Members.
(3) The names of the persons other than the ex-officio members, who have been nominated, from
time to time, as members of the Governing Council, shall be published by the Government in the
Official Gazette.
(4) The term of the nominated members of the Governing Council shall be for a period of five
years, unless terminated earlier by the State Government.
(5) The Governing Council shall meet not less than thrice in every year, and a period of not more
than four months shall intervene between two successive meetings.
(6) The nominated members shall receive such allowances, as may be deter mined by the
Government, for attending the meetings.
4. Powers and duties of Governing Council.— Subject to the provisions of this Act, the powers
and duties of the Governing Council shall be as follows, namely :—
(a) to act on the matters referred by t he Board and to approve the recommendations and
decisions of the Board for implementation;
(b) to prepare perspective development plan in consultation with concerned industry;
(c) to recommend to the Government to carry test audit of accounts of the Boar d regularly
and at such intervals as the Governing Council may deem fit;
(d) to decide accreditation policy of the institutes;
(e) to exercise the powers related to financial matters which are referred by the Board;
(f) to approve the budget recommended by the Board;
(g) to give directions to the Board in respect of implementation of various policy decisions
taken by the Government, from time to time;
(h) to recommend to the Government to conduct an enquiry in respect of any matters
concerning the proper conduct, working and finances of the institutes under the Board.
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CHAPTER III
ESTABLISHMENT, INCORPORATION, POWERS AND DUTIES OF THE BOARD
5. Establishment of Board.— (1) The Government shall, by notification in the Official Gazette,
establish a Board to be called the Maharashtra State Board of Art Education for the purposes of this
Act.
(2) The Board shall consist of,—
(a) Director, Directorate of Art, Chairperson;
(b) Development Commissioner
(Industries), Directorate of Industries
or his nominee, not below the rank of Joint
Director,
ex-officio
Member;
(c) Joint Secretary or Deputy Secretary to
Government, Higher and Technical Education
Department or his nominee,
ex-officio
Member;
(d) Chairman of the Maharashtra State Board of
Secondary and Higher Secondary Education
or his nominee, not below the rank of the
Chairman of the Divisional Board,
ex-officio
Member;
(e) Director, Maharashtra State Board of Art
Education,
ex-officio Member;
(f) Secretary, Maharashtra State Board of Art
Education,
Member-Secretary;
(g) One senior most Principal from Government
Art Institutes in the State, to be nominated by
the Government,
Member;
(h) two members from amongst the Principals or
Heads of Art Institutes, one each from aided
and un-aided Art Institutes, of whom at least
one shall be a woman, to be nominated by the
Government,
Members;
(i) two members from amongst the teachers, one
each from aided and un-aided Art Institutes,
of whom at least one shall be from Backward
Class Community, to be nominated by the
Government,
Members;
(j) two members from the professional field of
visual or performing Art restricted to music
only, to be nominated by the Government,
Members;
(k) four members from amongst the associations
of Industries, who are entrepreneurs of Small
Scale Industries, from the field of Information
Technology, Museums and Advertising
Agencies, reputed Art Galleries, Gems and
Jewellery, Textiles or Ceramic Industry,
to be nominated by the Government,
Members.
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(3) A person shall cease to hold office as a member of the Board, as soon as he ceases to hold the
post, designation or office, as the case may be, by virtue of which he is so appointed and such person
shall inform the Chairperson in writing of his having so ceased to be the member of the Board, within a
week therefrom.
(4) The names of the persons other than the ex-officio members, who have been nominated, from
time to time, as members of the Board, shall be published by the Government in the Official Gazette.
6. Incorporation of Board. — The Board established under section 5 shall be a body corporate
having perpetual succession and a common seal and shall have power to contract, to acquire, hold and
dispose of property, both movable and immovable and to do all things necessary for the purpose s of
this Act and may sue and be sued by its name.
7. Objects of Board. — The objects of the Board shall be to disseminate, create and preserve
knowledge and understanding by teaching, research, extension and service in general and in particular
the objects shall be,—
(a) to supervise, monitor, regulate and to contribute for the development of diploma level art
education activities;
(b) to conduct the examinations and confer diplomas and other academic distinctions or
titles on persons subject to such conditions as the Board may determine and to withdraw or cancel
any such diplomas or other academic distinctions or titles in the prescribed manner;
(c) to provide facilities and offer opportunities for development of diploma level art
education by instructions, training, research, development and extension by such other means as
the Board may deem fit;
(d) to devise and implement a programme of diploma level art education that is relevant to
the current needs of the society, aligned to the long term requir ements and responsive to the
anticipated changes and developments;
(e) to advance knowledge in diploma level art education and to disseminate the same for
betterment of society;
(f) to serve as a centre for fostering co -operation and exchange of ideas be tween the
academic and research community on the one hand and the industrial and Government employers
on the other and to promote entrepreneurship among the students;
(g) to promote equitable distribution of facilities of diploma level art education and t o
develop diploma educational network with use of modern communication media and technologies
appropriate for a learning society;
(h) to provide for efficient and responsive administration, scientific management and
develop organisation of teaching, research and extension;
(i) to build financial self-sufficiency by undertaking academic and allied programmes;
(j) to promote better interaction and co -ordination amongst different S tate authorities and
institutes;
(k) to strive to promote competitive merit and excellence as the sole guiding criterion in all
academic and other matters relating to students;
(l) to develop or revise curriculum so as to fulfil requirements of industry and to incorporate
advancements in technology;
(m) to plan for effective imp lementation of curriculum and to develop required learning
resources and to provide appropriate training to the teachers;
(n) to implement academic programmes, other activities and to carry out teaching and
research and offer continuing quality education programmes;
(o) to provide learning, teaching, capability and skills development in art education and their
inter-disciplinary studies at diploma level;
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(p) to provide instructions, teaching and training in art education and to make provisions for
research;
(q) to create centres of excellence for strengthening and innovations in diploma level art
education;
(r) to start art education programs, courses in new and emerging a reas with innovative
approaches;
(s) to establish innovative approaches for creati on of seamlessness in academic structures,
learning time -frames and continuous evaluation processes for nurturing and cultivation of
creativity and entrepreneurship;
(t) to encourage or guide the institutions for conducting continuing education programmes in
thrust areas or industry needs;
(u) to acquire, hold, transfer and dispose of any property, interest or right thereto and to
manage and deal with the same for effective functioning; and
(v) to provide and acquire consultancy, affiliation and support services for furtherance of art
educational activities, including for affiliated institutes, examination Boards, Universities,
Government educational bodies, Directorates and the Government Departments, etc., within or
outside the Country.
8. Powers and duties of Board.— Subject to the provisions of this Act, the powers and duties of
the Board shall be as follows, namely :—
(a) to advice the Governing Council and Government on matters of policy relating to
diploma level art education in general and on the following matters, in particular, namely :—
(i) co -ordination between national policies and State policies of diploma level art
education;
(ii) co-ordination between secondary, higher secondary, degree education and diploma
level art education;
(iii) to maintain uniform standards of diploma in art education;
(iv) to promote industry and institute interaction;
(b) to lay down guiding principles for determining curricula and syllabi and also to prepare
the detailed curricula and syllabi for diploma level art education for all categories of courses such
as, regular, sandwich, part-time course, yearly, semester pattern and the like;
(c) to prescribe and regulate standard requirements in respect of staff, buildings, furniture,
equipment, stationery and other things required for diploma level art institutes;
(d) to prescribe and develop any book as text book and reference book or to prepare or cause
to be prepared any book and print or non -print material or to publish directly or in collaboration
with any other agency, any kind of learning material for diploma level art courses;
(e) to prescribe the general conditions governing admission of regular candidates to the
examinations and to specify the conditions relating to eligibility, attendance, term -work a nd
character, on the fulfilment of which a candidate shall have a right to be admitted to and to appear
at any such examination;
(f) to award certificates to candidates passing the diploma final examination or any other
examination conducted by the Board;
(g) to institute and to award scholarships, fellowships, stipends, medals, prizes and other
rewards and also to prescribe conditions therefor;
(h) to receive bequests, donations, endowments, trusts and other transfers of any property, or
interest therein, or right thereto;
2024 : Mah. XII] The Maharashtra State Board of Art Education 11
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(i) to hold any property, interest or right referred to in clause ( h) above, and to manage and
deal with the same;
(j) to fix, demand and receive such fees and penalties as may be prescribed;
(k) to call for special reports and info rmation from the regional offices of the Board and to
call for any information from any diploma level art institutes, recognized by the Board to ensure
maintenance and improvement in academic standards in diploma level art education;
(l) to recommend meas ures to promote physical, moral and social welfare of students in
institutes recognized by the Board and to prescribe conditions of their residence and discipline;
(m) to approve the annual financial statement pertaining to the Board and to recommend to
the Governing Council for sanctioning the annual budget;
(n) to inspect and supervise generally the working of the Regional Offices and to inspect
periodically the accounts thereof;
(o) to conduct statistical and other research or training programs for th e purposes of design,
development, implementation of the curriculum, teaching learning process and examination i n
collaboration with any agency;
(p) to appoint such Committees as it may think necessary for the efficient discharge of its
functions under this Act;
(q) to make regulations for the purposes of carrying out effectively the provisions of this
Act;
(r) to make bye -laws relating to matters such as procedure to be followed by the Board, its
committees and any other matter solely concerning the Bo ard and it‟s Committees that are not
provided for by or under this Act and the regulations made thereunder;
(s) to exercise such other powers and perform such other duties as may be conferred or
imposed on it by or under this Act;
(t) to make regulations with the approval of the Governing Council for granting of academic
autonomy to institutes, reviewing or revoking of autonomy granted;
(u) to carry out all such acts as may be necessary to achieve the objectives of this Act so as
to improve, extend, expa nd the diploma level art education in the State and to maintain and
improve standards of diploma level art education;
(v) to make regulations for granting affiliation, accreditation, autonomous status,
equivalence, eligibility to art institute and reviewi ng or revoking affiliation or accreditation or
equivalence, or autonomous status or eligibility;
(w) to demand and receive such fees as may be prescribed for affiliation, accreditation,
conferring autonomy, equivalence;
(x) to conduct the examinations of the Board;
(y) to appoint paper -setters, examiners, moderators, supervisors and other necessary
personnel for conducting examinations, assessment of candidates, performance and for c ompiling
and release of results;
(z) to admit candidates for the examinations according to the regulations;
(za) to open centres within its jurisdiction for examination conducted by it;
(zb) to declare the result of the candidates appearing at the examinations conducted on such
date or dates as may be fixed;
(zc) to prepare a list of candidates according to merit;
(zd) to deal with cases of use of unfair means according to the procedure laid down;
(ze) to evaluate generally the performance of students and institutes in all examinations
including the final examination in diploma level art institutes;
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(zf) to call for special reports and information from the concerned Committee constituted for
that purpose, regarding the recognized institute not maintaining the required academic standards
and to recommend to the Government, withdrawal of recognition granted to such institute under
the administrative order of the Higher and Technical Education Department of the Government,
in cases of poor academic results and grave academic irregularities;
(zg) to require institutes recogni zed by the Government to extend their co -operation in the
conduct of the examinations and to withdraw the privileges by the Board from any institute,
which fails to place at its disposal the facilities required to conduct examinations after giving it a
reasonable opportunity of showing cause why such orders should not be made;
(zh) to create, own, hold or hire any property or infrastructure required for functioning of the
Board office or functioning of regional offices;
(zi) to plan and monitor academic performance;
(zj) to propose the need -based co urses, special courses for self -employment, courses for
rural, deprived persons and women;
(zk) to propose to confer autonomy to deserving institutes;
(zl) to upgrade Government institutes as model institute or centre of excellence considering
past performance of such institute;
(zm) to provide for regulation of fixation of fee and collection thereof, for affiliated courses
by the affiliated institutes and the matters connected therewith or incidental thereto.
9. Terms of office of, and allowances to, members of Board .— (1) The member of the Board,
other than the ex-officio member, shall hold office for a term of three y ears from the date on which his
name is published in the Official Gazette.
(2) The term of office of outgoing members shall extend to, and expire with, the day immediately
preceeding the date on which the names of their successors are published in the Official Gazette.
(3) The members shall be entitled to such compensatory allowances as may b e prescribed by
regulations.
10. Disqualification of Chairperson and members of Board. — A person shall be disqualified
for being appointed or nominated as, or for continuing as, the Chairperson or a member of the Board or
any Committee appointed under this Act,—
(a) if he, directly or indirectly, or his partner, has any share of or interest in any work done
by order of, or in any contract entered into on behalf of, the Board;
(b) if he is a person against whom an order of removal from office has been ma de under
section 13:
Provided that, a person against whom such order is made, shall not be deemed to have been
disqualified under this clause, if five years, or such lesser period as the Government may specify,
has elapsed from the date of his removal from office.
11. Casual vacancies.— All casual vacancies in office of the members of the Governing Council
or the Board or any Committee constituted by the Board shall be filled in, as soon as may be, by
nomination or appointment, as the case may be; and th e person nominated or appointed in a vacancy
shall hold office so long only as the member in whose place he is nominated or appointed would have
held it, if the vacancy had not occurred.
12. Resignation of member. — A member of the Governing Council or th e Board, except the
ex-officio member, may resign his office at any time by tendering his resignation in writing to the
President of the Governing Council or the Chairperson of the Board, as the case may be, and such
member shall be deemed to have vacated his office as soon as the President or the Chairperson, as the
case may be, has received his resignation.
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13. Removal of member.— (1) The Government may, on the recommendation of the Governing
Council or the Board, and after making such further inquiry, as it may think fit to make, by order,
remove any member of the Governing Council or the Board or any Committee thereof, if such
member,—
(a) has been convicted by any Court for any offence involving moral turpitude;
(b) is an undischarged insolvent;
(c) is of unsound mind and stands so declared by a competent court; or
(d) is acting in a way detrimental to the aims and objects of the Governing Council and the
Board:
Provided that, no such recommendation shall made by the Governing Council or the Board or no
order shall be made under clause ( d) unless he has been given a reasonable opportunity of showing
cause why such recommendation or order should not be made.
(2) The Government may, suo moto by order, remove any member of the Governing Council or
the Board or any Committee, nominated or appointed, whose activities are, in the opinion of the
Government detrimental to, or obstruct, the proper functioning of the Governing Council or the Board
or of any Committee thereof:
Provided that, no member shall be removed from office unless he has been given a reasonable
opportunity of showing cause why such order should not be made against him.
(3) Notwithstanding anything contained in sub-sections (1) and (2), the nominated member of the
Governing Council or t he Board shall hold office during the pleasure of the Government and shall be
removed at any time by the Government, if it deems fit.
14. Meetings of Board.— (1) The Board shall meet not less than four times in every year, and a
period of three months shall not intervene between two successive meetings.
(2) The Chairperson of the Board may at any time if the exigencies so demand, and upon a
written request made by not less than one third of the total number of members of the Board shall call a
special meeting of the Board, on a date not later than twenty -one days after the receipt of such request
by the Chairperson.
15. Vacancy of Chairperson or member owing to disqualification. — If the Chairperson or a
member of the Board or of any Committee thereof be comes subject to any of the disqualifications
mentioned in section 10, his office shall thereupon be declared vacant by the Government.
16. Vacancy of member owing to absence without permission. — If a member nominated or
appointed to the Board remains ab sent without permission of the Board from three consecutive
meetings thereof, his office shall thereupon become vacant and shall be so declared by the Chairperson.
17. Decision on question as to vacancy. — In case of any dispute as to whether the office o f the
Chairperson or a member has become vacant under section 15 or 16, the decision of the Government in
the matter shall be final.
18. Acts and proceedings not invalidated by vacancies or defects in constitution.— No act or
proceedings of the Governing Council or the Board or any Committee thereof, shall be invalid merely
by reason of any vacancy in, or any defect in, the constitution of such Governing Council, Board or
Committee.
19. Power to invite experts and officers at meeting. — The Governing Cou ncil or the Board
may invite any person who in its opinion is an expert in the field of art education or any officer of the
Government, to attend its meeting or of its Committee, if the subject with which the expert or officer is
concerned is likely to come up for discussion or consideration at such meeting.
20. Constitution of Committees. — (1) The Board shall constitute the following Committees,
namely :—
(a) Academic Committee;
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(b) Finance Committee;
(c) Course Committee;
(d) Equivalence Committee;
(e) Examination Committee;
(f) Fee Fixation Committee.
(2) The Board may constitute such other Committees as it thinks necessary for efficient
performance of its functions.
(3) The number of members of every Committee constituted by the Board, the term of office of
its members and the duties and functions to be discharged by such Committee, shall be such as may be
prescribed.
21. Board to assume obligations of Government in respect of matters to which this Act
applies.— All obligations incurred, all co ntracts entered into and all matters and things engaged to be
done, before the establishment of the Board by, with or for, the State Government or the existing
Directorate of Art for any of the purposes specified in this Act, in respect of any scheme for t he
promotion of the art education in the State of Maharashtra shall be deemed to have been incurred,
entered into, or engaged to be done by, with or for, the Board and accordingly all claims made, or suits
or legal proceedings instituted or which might have been instituted by or against the State Government
or the existing Directorate, as the case may be, be continued or instituted by or against the Board.
22. Appointment of Director. — The Board shall have a Director. The Government shall
appoint the Joint Director, Directorate of Art, to be the Director of the Board.
23. Powers and duties of Director of Board. — (1) It shall be the duty of the Director of the
Board to ensure that the provisions of the Act and the regulations and bye -laws made thereunder are
observed and he shall have all powers necessary for this purpose.
(2) The Director shall ensure that the directions issued by the Government and Governing
Council are strictly complied with or, as the case may be, implemented.
(3) Where any matter is required to be regulated by regulations or bye-laws, but no regulation or
bye-laws is made in that behalf, the Director may for the time being regulate matter by issuing such
directions as he thinks necessary, and shall, and at the earliest opportunity thereafter, place them before
the Board in the next meeting for approval :
Provided that, such directions shall have to be converted into regulations or bye -laws, as the case
may be, within six months of issuing such directions, failing which such direction s shall automatically
lapse, but not affecting the action, taken thereby.
(4) For the purpose of performing duties under sub -sections (1) and ( 2), the Director may take
assistance of the Secretary or such other officer as he deems fit.
(5) In an emergenc y which, in the opinion of the Director, requires that immediate action should
be taken, the Director shall take such action as he deems necessary and shall thereafter report his action
to the Board at its next meeting.
(6) The Director shall exercise suc h other powers and perform such other duties, as may be
prescribed.
24. Appointment, powers and duties of Secretary, officers and staff. — (1) The Government
shall, on the recommendation of the Board, appoint such number of the administrative and technical
officers and staff for the Board, as may be required.
(2) The officers and employees so appointed shall exercise such powers and perform such duties
as are, respectively assigned to them by the Director of the Board by general or special orders.
(3) The Board shall have the Secretary who shall be appointed by the Government.
2024 : Mah. XII] The Maharashtra State Board of Art Education 15
Act, 2023
(4) Subject to the control of the Chairperson, the Secretary of the Board shall be the Executive
Officer of the Board and the custodian of the record, a common seal and such other p roperty of the
Board and all other officers and staff, for the time being, serving under the Board shall be subordinate
to him.
(5) Subject to the approval of the Chairperson, the Secretary shall exercise the following powers
and perform the following duties, namely :—
(a) to prepare and update the hand book of bye -laws and regulations, approved by
authorities under this Act, from time to time;
(b) to enter into agreements, to sign the documents and to authenticate records on behalf of
the Board, subject to the decisions of the authorities and Committees of the Board;
(c) to exercise such other powers and perform such other duties as prescribed by or under
this Act or assigned to him, from time to time, by the Director, by general or special order.
CHAPTER IV
PERMISSION, AFFILIATION, CONFERRING OF AUTONOMOUS STATUS AND EQUIVALENCE
25. Affiliation of institute.— (1) The management of the institutes imparting art education shall
apply to the Board, for grant of affiliation in such form and in such manner as may be prescribed by the
Board.
(2) The management applying for affiliation shall comply with the following and shall give
undertaking to that effect,—
(a) the provisions of the Act and regulations thereunder and the standing orders and
directions of the Board shall be observed;
(b) the number of students admitted for courses of study shall not exceed the limits
prescribed by the Board and the Government, from time to time;
(c) there shall be suitable and adequate physical facilities such as building s, workshop,
libraries, books, equipments required for teaching and research, hostels, gymnasium, as may be
prescribed;
(d) the financial resources of the institute shall be such as to make due provision for its
continued maintenance and working;
(e) the strength and qual ifications of teaching and non -teaching staff of the affiliated
recognized institutes and the emoluments and the terms and conditions of service of the staff of
affiliated institutes shall be such as may be prescribed by the Board and the regulatory authority
and which shall be sufficient to make due provision for courses of study, teaching or t raining or
research efficiently;
(f) the services of all teaching and non-teaching employees and the facilities of the institutes
to be affiliated shall be made available for conducting examinations and evaluations and for
promoting other activities of the Board;
(g) the directions and orders issued by the Chairperson or the Director and other officers in
exercise of the powers conferred on them under the provisions of this Act and regulations shall be
complied with;
(h) there shall be no change or transfer of the management without previous permission of
the Government and appropriate regulatory authority;
(i) institutes shall not be closed without prior permission of the Government and appropriate
regulatory authority;
(j) in the event of de-affiliation or de-recognition or closure of the art institute under section
32 or 36, as the case may be, all the assets of the institute including buildings and equipment
which have been constructed or created out of the amount paid as a grant -in-aid by the
Government shall vest in the Government.
16 The Maharashtra State Board of Art Education [2024 : Mah. XII
Act, 2023
(3) The management or the art institute to which the approval of the Government, the Directorate
of Art or any other regulatory authority has been granted, shall apply for affiliation to the Board, in the
manner as provided under sub -sections (1) and ( 2) above and section 27, within a period of one year
from the date of commencement of this Act, failing which, the a pproval of such management or the art
institutes, as the case may be, shall be deemed to be cancelled:
Provided that, the management or the institute, as the case may be, whose approval is cancelled
shall not be eligible for admitting new students to any of the courses:
Provided further that, the cancellation of approval of such management or institute, as the case
may be, shall not affect education of the students in any manner till the completion of last batch of the
student of the courses to which such students are admitted.
(4) No institute which is part of another authority, Board or University shall be considered for
affiliation unless a “No Objection Certificate” is given by that authority, the Board or University:
Provided that, no financial assi stance of whatsoever nature shall be claimed by the students,
admitted to such institutes, from the Board or Government and the Board or the Government shall not
be liable to give any financial assistance to such students.
26. Procedure for permission. — (1) The management seeking permission to open a new
institute shall apply in the prescribed form to the Secretary of the Board as per the schedule declared by
the Board for each academic year in accordance with the academic calendar.
(2) All such applicat ions received within the time limit declared in the schedule under
sub-section ( 3), shall be scrutinized by the Board and be forwarded to the Government within
forty-five days from the last date of submission of applications as mentioned in the said schedule.
(3) Out of the applications recommended by the Board, the Government may grant permission,
within thirty days from the date of receipt of recommendation from the Board, to such institutes as it
may consider right and proper in its discretion, consid ering the State and the Central Government
policies, taking into account suitability of the management seeking permission to open new institutes
and the State level priorities with regard to location of institutes of art education. The State
Government shall communicate approvals to the Board. Approvals granted after the commencement of
the academic year shall be given effect by the Board only in the subsequent academic year:
Provided that, in exceptional cases and for the reasons to be recorded in writing, any application
not recommended by the Board may be approved by the Government for starting a new institute of art
education.
(4) No application shall be entertained directly by the Government for the grant of permission to
open new institute of art education.
(5) The procedure specified in this section shall mutatis-mutandis apply, for permission to open
new courses, additional faculties, new subjects, additional divisions, change of name and change of
location.
27. Procedure for affiliation. — (1) On receipt of the permission from the Government under
section 26 and after approval of the regulatory authority wherever required, to start a new institute, the
Board shall, consider grant of first time affiliation to new institute by following the procedure given in
sub-section (2) and after taking into account whether and the extent to which the stipulated conditions
have been fulfilled by the institute. The decision of the Board, in this regard, shall be final.
(2) For the purpose of considering the appli cation for the grant of affiliation, the Board shall
cause an inquiry by a Committee constituted by it for the purpose.
(3) The Board shall decide,—
(a) whether affiliation should be granted or rejected;
(b) whether affiliation should be granted in whole or part;
(c) subjects, courses of study and the number of students to be admitted;
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Act, 2023
(d) conditions, if any, which may be stipulated while granting the affiliation, including the
fees to be prescribed for grant of such affiliation.
(4) The Member-Secretary of the Committee constituted under sub-section (2) shall communicate
the decision of the Board to the management of the concerned institute with a copy thereof to the
Directorate of Art and if the application for affiliation is granted, alongwith an intimation regarding,—
(a) the subjects and the courses of study approved for affiliation;
(b) the number of students to be admitted;
(c) the conditions, if any, subject to the fulfilment of which the approval is granted.
(5) No student shall be admitted by the institute unless the first time affiliation has been granted
by the Board.
(6) The procedure referred to in sub -sections ( 1) to ( 4) shall apply, mutatis-mutandis, for
consideration of continuation of affiliation, from time to time.
28. Continuat ion of affiliation. — The affiliated institute may apply for continuation of
affiliation for the courses of study for which affiliation was granted, ordinarily six months prior to the
date of expiry of such affiliation. The Board shall follow the procedure specified in sections 25, 26 and
27 for continuation of affiliation so far as applicable for grant of affiliation.
29. Extension of affiliation. — The affiliated institute may apply for affiliation for additional
courses of study. The Board shalExcerpt shown. Open the full act in Lexace.