Part V-A, Ext. No. 22, L. A. BILL No. LXXV OF 2025. A BILL further to amend the Maharashtra Unaided Private Professional Educational Institutions (Regulation of Admissions and Fees) Act, 2015. Monday, 7th July 2025.

RNI No. MAHBIL /2009/40123 महाारााष्ट्र� शाासन रााजपत्र असाधााराण भााग पाच-अ वर्षष ११, अंक १२] सोमवारा, जुलैै ७, २०२५/आर्षाढ १६, शाके १९४७ [पष्ृठे े३, किंकमं त : रुपये े३६.०० असाधााराण क्रमांक २२ प्रााकिंधाकृत प्राकाशान महाारााष्ट्र किंवधाानसभाेत व महाारााष्ट्र किंवधाानपरिरार्षदेेत सादेरा केलैेलैी किंवधाेयेके (इंंग्रजी अनुवादे).

MAHARASHTRA LEGISLATURE SECRETARIAT The following Bill was introduced in the Maharashtra Legislative Assembly on the 7th July, 2025 is published under Rule 117 of the Maharashtra Legislative Assembly Rules :— L. A. Bill No. LXXV OF 2025.

A BILL further to amend the Maharashtra Unaided Private Professional Educational Institutions (Regulation of Admissions and Fees) Act, 2015.

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 Mah. action further to amend the Maharashtra Unaided Private Professional XXVIII Educational Institutions (Regulation of Admissions and Fees) Act, 2015, for the of 2015.

purposes hereinafter appearing ; and, therefore, promulgated the Maharashtra Mah. Unaided Private Professional Educational Institutions (Regulation of Admission Ord. VI and Fees) (Amendment) Ordinance, 2025, on the 25th June 2025 ;

of 2025. (१) भााग पााच-अ-२२–१2 महाारााष्ट्र शाासन रााजपत्र असाधााराण भााग पाच-अ, जुलैै ७, २०२५/आर्षाढ १६, शाके १९४७

AND WHEREAS it is expendient to replace the said Ordinance by an Act of the State Legislature ; it is hereby enacted in the Seventy-sixth Year of the

Republic of India as follows :— Short title 1. (1) This Act may be called the Maharashtra Unaided Private and Professional Educational Institutions (Regulation of Admissions and Fees) commencement.

(Amendment) Act, 2025.

(2) It shall be deemed to have come into force on the 25th June 2025.

Amendment 2. In section 2 of the Maharashtra Unaided Private Professional Mah. of section 2 of Educational Institutions (Regulation of Admissions and Fees) Act, 2015 XXVIII Mah. XXVIII (hereinafter referred to as “the principal Act”), for clause (n), the following clause of 2015.

of 2015. shall be substituted, namely :— “(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 in the Guardians and Wards Act, 1890 ;”. 8 of 1890.

Repeal of 3. (1) The Maharashtra Unaided Private Professional Educational Mah.

Mah. Ord. VI Institutions (Regulation of Admissions and Fees) (Amendment) Ordinance, Ord. VI of 2025 and of 2025.

2025, is hereby repealed. saving.

(2) Notwithstanding such repeal, anything done or any action taken (including any notification or order issued) under the corresponding provisions of the principal Act, as amended by the said Ordinance, shall be deemed to have been done, taken or issued, as the case may be, under the corresponding provisions of the principal Act, as amended by this Act.महाारााष्ट्र शाासन रााजपत्र असाधााराण भााग पाच-अ, जुलैै ७, २०२५/आर्षाढ १६, शाके १९४७ 3 STATEMENT OF OBJECTS AND REASONS 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 was 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 was 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 made 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 was, therefore, considered expedient to amend the said Act, immediately.

5. As both Houses of the State Legislature were not in session and the Governor of Maharashtra was satisfied that circumstances existed which rendered 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, the Maharashtra Unaided Private Professional Educational Institutions (Regulation of Admissions and Fees) (Amendment) Ordinance, 2025 (Mah. Ord. VI of 2025), was promulgated by the Governor of Maharashtra on the 25th June 2025.

6. The Bill is intended to replace the said Ordinance by an Act of the State Legislature.

CHANDRAKANT (DADA) PATIL, Mumbai, Minister for Higher and Dated the 3rd July, 2025. Technical Education.

Vidhan Bhavan : JITENDRA BHOLE, Mumbai, Secretary-1, Dated the 7th July, 2025. Maharashtra Legislative Assembly.

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.