¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ SÉÉ®ú-¤É, VÉÉxÉä́ ÉÉ®úÒ 2, 2019/{ÉÉè¹É 12, ¶ÉEäò 1940 3 HIGHER AND TECHNICAL EDUCATION DEPARTMENT Madam Cama Marg, Hutatma Rajguru Chowk, Mantralaya, Mumbai 400 032, dated the 1st January, 2019.
NOTIFICATION MAHARASHTRA PUBLIC UNIVERSITIES ACT, 2016.
No. PARINI.2018/C.R. No. 87/VI. SHI. 2.—In exercise of the powers conferred by sub-section (10) of section 72 read with sub-section (22) of section 71 and section 138 of the Maharashtra Public Universities Act, 2016 (Mah. Act. No. VI of 2017), the Government of Maharashtra hereby, prescribes the uniform Statute, relating to procedure for recovery of damage or loss from an authority or body or members thereof or from an officer, namely :— UNIFORM STATUTE NO. 2 OF 2019.
1. Short title.—This Statute may be called the Maharashtra Public Universities (Procedure for Recovery of Damage or Loss from an Authority or Body or Members thereof or from an Officer) Uniform Statute, 2018.
2. Competent Authority.—The Vice-Chancellor shall be the competent authority to take an action of recovery of damage or loss from any authority or body or members thereof or from any officer for causing damage or loss to the University. If the damage or loss to the University is caused by any action of the Vice-Chancellor, the Chancellor shall be the competent authority.
3. Grounds for Recovery of Damage or Loss.—Any damage or loss to the University shall be liable to be recovered from the authority or body or the concerned members thereof, jointly or severally, or from the officer concerned, if it is found that such damage or loss has been caused to the University––
(1) by any action, wilful or negligent, on the part of the authority or body or officer concerned, which is not in conformity with the provisions of Maharashtra Public Universities Act, 2016 (Mah.
Act. No. VI of 2017) (hereinafter in this statute referred to as the “said Act”) and the Statutes, Ordinances or Regulations, issued under the said Act, except when done in good faith ; or
(2) due to failure to act in conformity with the provisions of the said Act and the Statutes, Ordinances or Regulations, issued under the said Act, by wilful neglect or default on its or his part, as the case may be.
4. Procedure for Recovery of Damage or Loss.—(1) On a complaint being received against the authority or body or the concerned members thereof, or against the officer concerned, of having caused damage or loss to the University, the competent authority shall appoint a committee to determine whether there is a prima facie case for initiating an action of recovery of damage or loss from such authority or body or members thereof, or against such officer.
(2) In case it is found that a prima facie case for initiating an action of recovery of damage or loss from such authority or body or members thereof, or against such officer concerned exists, the competent authority shall issue a notice in writing to the person concerned, to show-cause as to why the damage or loss caused to the University shall not be recovered from him. The competent authority shall mention in the notice, the grounds on which it proposes to take the action and shall also specify the estimated amount of recovery and the period, being a period which shall not be less than thirty days within which the person concerned shall file his written explanation in reply to the notice. Copies of relevant documents which have been relied upon, shall also be supplied to the alleged person along with the show-cause notice.
(3) On receipt of such written explanation or on expiry of the period specified in the show-cause notice issued under clause (2), the competent authority shall offer a fair opportunity to the alleged person to explain, either on his own or through his representative, why the damage or loss caused to the University be not recovered from him or from them, jointly or severally.
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(4) After taking into consideration the written explanation, if any, to the show-cause notice, the statements of the alleged person, made and recorded during the course of hearing and the relevant documents, the competent authority shall determine the amount to be recovered from the alleged person, jointly or severally, and the period within which such amount shall be paid, which shall not be less than thirty days and more than six months :
Provided that,—
(a) the total amount to be recovered shall not exceed the actual amount of the loss or damage caused to the University ;
(b) recovery shall be compensatory and not penal in nature ;
(c) recovery shall not be made for any remote or indirect loss or damage sustained by the University.
(5) The decision of the competent authority shall be communicated to the concerned officer and every member of the concerned authority or body.
(6) The procedure prescribed in clauses (3) and (4) need not be followed when the person alleged admits the alleged act in writing.
(7) The amount so recovered shall be deposited in the appropriate fund of the University.
By order and in the name of the Governor of Maharashtra, SIDHARTH KHARAT, Joint Secretary to Government.
ON BEHALF OF GOVERNMENT PRINTING, STATIONERY AND PUBLICATION, PRINTED AND PUBLISHED BY I/C DIRECTOR SHRI MANOHAR SHANKAR GAIKWAD, PRINTED AT GOVERNMENT CENTRAL PRESS, 21-A, NETAJI SUBHASH ROAD, CHARNI ROAD, MUMBAI 400 004 AND PUBLISHED AT DIRECTORATE OF GOVERNMENT PRINTING, STATIONERY AND PUBLICATION, 21-A, NETAJI SUBHASH ROAD, CHARNI ROAD, MUMBAI 400 004, EDITOR : I/C DIRECTOR SHRI MANOHAR SHANKAR GAIKWAD.