**Executive Summary**
This document is the Maharashtra Unaided Private Professional Educational Institutions (Regulation of Admissions and Fees) (Amendment) Ordinance, 2025 (Ordinance No. VI of 2025), issued on June 25, 2025. It amends the Maharashtra Unaided Private Professional Educational Institutions (Regulation of Admissions and Fees) Act, 2015, specifically regarding the definition of "Non-Resident Indian (NRI)." The ordinance comes into force immediately.
**Key Points / Main Content**
* **Ordinance Title and Scope:**
* The Ordinance is titled "Maharashtra Unaided Private Professional Educational Institutions (Regulation of Admissions and Fees) (Amendment) Ordinance, 2025."
* It amends the Maharashtra Unaided Private Professional Educational Institutions (Regulation of Admissions and Fees) Act, 2015.
* **Effective Date:**
* The Ordinance comes into force immediately.
* **Amendment to the Definition of NRI:**
* Section 2 of the principal Act is amended.
* The definition of "Non-Resident Indian (NRI)" is substituted with a new definition: "Non-Resident Indian (NRI) means, a person who is 'not ordinary resident' as defined under sub-section (6) of section 6 of the Income Tax Act, 1961 and has been issued a Non-Resident Indian certificate accordingly by an Indian Mission or Post abroad and includes his child or ward as defined in the Guardians and Wards Act, 1890."
* **Justification for the Ordinance:**
* Both Houses of the State Legislature are not in session.
* The Governor of Maharashtra is satisfied that circumstances necessitate immediate action.
* The amendment aims to align the definition of NRI with the law established by the Supreme Court to ensure genuine NRI candidates are not deprived of admission opportunities.
* The amendment is deemed expedient as admissions for the academic year 2025-2026 are starting soon.
**Impact Analysis**
**Stakeholder: NRI Candidates Seeking Admission**
* **Impact:** The amended definition of NRI aims to ensure that genuine NRI candidates are not deprived of the opportunity to seek admission to professional educational courses under the NRI quota.
* **Action Required:** NRI candidates seeking admission should ensure they meet the new definition of NRI, particularly regarding residency status under the Income Tax Act, 1961 and possess the required certificate from an Indian Mission or Post abroad.
**Stakeholder: Private Professional Educational Institutions in Maharashtra**
* **Impact:** Institutions must implement the amended definition of NRI when considering applications under the NRI quota.
* **Action Required:** Institutions should update their admission policies and procedures to align with the new definition of NRI and verify the eligibility of applicants under the NRI quota based on the updated criteria.
**Stakeholder: Admission Authorities/Committees**
* **Impact:** The amendment alters the criteria to be used for admissions under the NRI quota.
* **Action Required:** Admission authorities must use the new definition of NRI for admission purposes, ensuring compliance with the ordinance.
Key Entities Referenced
Maharashtra Unaided Private Professional Educational Institutions (Regulation of Admissions and Fees) Act, 2015: The principal act being amended by the ordinance, governing admissions and fees in private professional educational institutions in Maharashtra.
Maharashtra Unaided Private Professional Educational Institutions (Regulation of Admissions and Fees) (Amendment) Ordinance, 2025: An ordinance amending the 2015 Act regarding the definition of Non-Resident Indian (NRI) for admissions and fees.
Article 213 of the Constitution of India: Constitutional provision granting the Governor of Maharashtra the power to promulgate ordinances.
Higher and Technical Education Department: The department responsible for the ordinance.
Mumbai: Location where the ordinance was issued.
महाारााष्ट्र शाासन रााजपत्र असाधााराण भााग आठ, जून २५, २०२५/आषााढR ४N, Iशा Nकेे o१.९ M४७A HENG /2009/3552 18
महाारााष्ट्र� शाासन रााजपत्र
असाधााराण भााग आठ
वषाष ११, अंके २०] बुुधावारा, जून २५, २०२५/आषााढ ४, शाकेे १९४७ [पष्ृठ े३, किंकेमं त : रुपये े२७.००
असाधााराण क्रमांके ४७
प्रााकिंधाकेृत प्राकेाशान
महाारााष्ट्र किंवधाानमंडळााचेे अकिंधाकिंनयेम व रााज्येपालांांनी प्रााख्येाकिंपत केेलांेलांे अध्येादेेशा व केेलांेलांे किंवकिंनयेम आकिंण
किंवधाी व न्येाये किंवभाागाकेडून आलांेलांी किंवधाेयेकेे (इंंग्रजी अनुवादे).
In pursuance of clause (3) of article 348 of the Constitution of India, the following translation
in English of the Maharashtra Unaided Private Professional Educational Institutions (Regulation of
Admissions and Fees) (Amendment) Ordinance, 2025 (Mah. Ord. No. VI of 2025), is hereby published
under the authority of the Governor.
By order and in the name of the Governor of Maharashtra,
SATISH WAGHOLE,
Secretary (Legislation) to Government,
Law and Judiciary Department.
(Translation in English of the Maharashtra Unaided Private Professional Educational
Institutions (Regulation of Admissions and Fees) (Amendment) Ordinance, 2025 (Mah. Ord. VI of
2025), published under the authority of the Governor).
HIGHER AND TECHNICAL EDUCATION DEPARTMENT
Mantralaya, Madam Cama Marg, Hutatma Rajguru Chowk,
Mumbai 400 032, dated the 25th June 2025.
MAHARASHTRA ORDINANCE No. VI OF 2025.
AN ORDINANCE
further to amend the Maharashtra Unaided Private Professional Educational
Institutions (Regulation of Admissions and Fees) Act, 2015.
WHEREAS both Houses of the State Legislature are not in session;
AND WHEREAS the Governor of Maharashtra is satisfied that
circumstances exist which render it necessary for him to take immediate action
Mah. further to amend the Maharashtra Unaided Private Professional Educational
XXVIII Institutions (Regulation of Admissions and Fees) Act, 2015, for the purposes
of 2015.
hereinafter appearing ;
(१)
भााग आठ-४७–१2 महाारााष्ट्र शाासन रााजपत्र असाधााराण भााग आठ, जून २५, २०२५/आषााढ ४, शाकेे १९४७
NOW, THEREFORE, in exercise of the powers conferred by clause (1) of
article 213 of the Constitution of India, the Governor of Maharashtra is hereby
pleased to promulgate the following Ordinance, namely :—
Short title 1. (1) This Ordinance may be called the Maharashtra Unaided Private
and Professional Educational Institutions (Regulation of Admissions and Fees)
commencement.
(Amendment) Ordinance, 2025.
(2) It shall come into force at once.
Amendment 2. In section 2 of the Maharashtra Unaided Private Professional
of section 2 of Educational Institutions (Regulation of Admissions and Fees) Act, 2015, for Mah.
Mah. XXVIII clause (n), the following clause shall be substituted, namely :— XXVIII
of 2015. of 2015.
“(n) “Non-Resident Indian (NRI)” means, a person who is “not ordinary
resident” as defined under sub-section (6) of section 6 of the Income Tax Act, 43 of 1961.
1961 and has been issued a Non-Resident Indian certificate accordingly by
an Indian Mission or Post abroad and includes his child or ward as defined 8 of 1890.
in the Guardians and Wards Act, 1890 ;”.महाारााष्ट्र शाासन रााजपत्र असाधााराण भााग आठ, जून २५, २०२५/आषााढ ४, शाकेे १९४७ 3
STATEMENT
The Maharashtra Unaided Private Professional Educational Institutions
(Regulation of Admissions and Fees) Act, 2015 (Mah. XXVIII of 2015),
provides 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.
2. The Act, inter-alia, provides for allocation of the seats for admission to
professional educational courses under the Non-Resident Indian (NRI) quota.
The term “Non-Resident Indian (NRI)” is defined in clause (n) of section 2 of
the said Act.
3. It is observed that, the genuine NRI candidates are often deprived of
the opportunity to seek admission in professional educational courses under
the Non-Resident Indian (NRI) quota in the State of Maharashtra. Therefore,
it is considered expedient to amend the definition of the term “Non-Resident
Indian (NRI)” in the said Act, with a view to bring the same in consonance with
the law laid down by the Hon’ble Supreme Court in the case of P. A. Inamdar,
wherein it has been observed that–
“It was also pointed out that people of Indian origin, who have migrated
to other countries, have a desire to bring back their children to their own
country as they not only get education but also get reunited with Indian
cultural ethos by virtue of being here.They also wish the money which they
would be spending elsewhere on education of their children should rather
reach their own motherland. A limited reservation of such seats, not exceeding
15%, in our opining, may be available to NRIs depending on the discretion of
the management subject to two conditions. First, such seats should be utilized
bona fide by the NRIs only and for their children or wards. Secondly, within
this quota, the merit should not be given a complete go-by.”.
4. The process for admission to various professional educational courses
in the State of Maharashtra for the academic year 2025-2026 will start in the
immediate future. It is, therefore, considered expedient to amend the said Act,
immediately.
5. As both Houses of the State Legislature are not in session and the
Governor of Maharashtra is satisfied that circumstances exist which render it
necessary for him to take immediate action further to amend the Maharashtra
Unaided Private Professional Educational Institutions (Regulation Admissions
and Fees) Act, 2015, for the purposes aforesaid, this Ordinance is promulgated.
Mumbai, C. P. RADHAKRISHNAN,
Dated the 24th June 2025. Governor of Maharashtra.
By order and in the name of the
Governor of Maharashtra,
B. VENUGOPAL REDDY,
Additional Chief Secretary to Government.
ON BEHALF OF GOVERNMENT PRINTING, STATIONERY AND PUBLICATION, PRINTED AND PUBLISHED BY DIRECTOR,
RUPENDRA DINESH MORE, PRINTED AT GOVERNMENT CENTRAL PRESS, 21-A, NETAJI SUBHASH ROAD, CHARNI ROAD,
MUMBAI 400 004 AND PUBLISHED AT DIRECTORATE OF GOVERNMENT PRINTING, STATIONERY AND PUBLICATIONS,
21-A, NETAJI SUBHASH ROAD, CHARNI ROAD, MUMBAI 400 004. EDITOR : DIRECTOR, RUPENDRA DINESH MORE.