Date: 2025-07-16Category: Not ApplicableState: MaharashtraCountry: India
Part VIII, Ext. No. 69, MAHARASHTRA ACT No. XXXV OF 2025
An Act further to amend the Maharashtra Unaided Private Professional Educational Institutions (Regulation of Admissions and Fees) Act, 2015. Wednesday, 16th July 2025.
**Executive Summary**
This document is the Maharashtra Unaided Private Professional Educational Institutions (Regulation of Admissions and Fees) (Amendment) Act, 2025, Act No. XXXV of 2025, published under the authority of the Governor of Maharashtra. It amends the 2015 Act of the same name, with the amendment deemed in effect as of June 25th, 2025, when the ordinance was initially promulgated. The Act redefines "Non-Resident Indian (NRI)" for admission and fee regulation purposes.
**Key Points / Main Content**
* **Short Title and Commencement:**
* The Act is titled "The Maharashtra Unaided Private Professional Educational Institutions (Regulation of Admissions and Fees) (Amendment) Act, 2025."
* It came into force on June 25th, 2025.
* **Amendment of Section 2 of the 2015 Act:**
* The definition of "Non-Resident Indian (NRI)" in Section 2 of the principal Act is amended.
* The new definition specifies that an NRI is a person who is "not ordinary resident" as per Section 6(6) of the Income Tax Act, 1961, and has an NRI certificate from an Indian Mission or Post abroad.
* The definition includes the child or ward of such a person, as defined in the Guardians and Wards Act, 1890.
* **Repeal and Saving:**
* The Maharashtra Unaided Private Professional Educational Institutions (Regulation of Admissions and Fees) (Amendment) Ordinance, 2025, is repealed.
* Actions taken under the repealed Ordinance are considered valid under the corresponding provisions of the principal Act, as amended by this Act.
**Impact Analysis**
**Stakeholder: Maharashtra Unaided Private Professional Educational Institutions**
* **Impact:** Institutions must adhere to the revised definition of "Non-Resident Indian (NRI)" when regulating admissions and fees.
* **Action Required:** Update admission and fee policies to reflect the new definition of NRI.
**Stakeholder: Non-Resident Indians (NRI) Seeking Admission**
* **Impact:** The definition change will determine whether an individual qualifies as an NRI for admission and fee purposes, based on income tax residency status and NRI certification.
* **Action Required:** Ensure compliance with the updated definition of "Non-Resident Indian (NRI)" and provide the necessary documentation as required.
**Stakeholder: State Government (Law and Judiciary Department, Education Department)**
* **Impact:** The Law and Judiciary Department is responsible for implementing and enforcing the amended act. The Education Department is responsible for informing private professional educational institutions about the changes and ensuring their compliance.
* **Action Required:** Law and Judiciary Department enforces the Act and provides legal guidance. Education Department monitors compliance and may need to update related guidelines or circulars.
Key Entities Referenced
Maharashtra Unaided Private Professional Educational Institutions (Regulation of Admissions and Fees) Act, 2015: The principal act which is being amended by the Maharashtra Act No. XXXV of 2025.
Maharashtra Act No. XXXV of 2025: The Maharashtra Unaided Private Professional Educational Institutions (Regulation of Admissions and Fees) (Amendment) Act, 2025.
Maharashtra Unaided Private Professional Educational Institutions (Regulation of Admission and Fees) (Amendment) Ordinance, 2025: The Ordinance being repealed and replaced by the Maharashtra Act No. XXXV of 2025.
Constitution of India: Referenced as the source of authority for publishing the English translation of the act.
RNI No. MAHENG /2009/35528
महाारााष्ट्र� शाासन रााजपत्र
असाधााराण भााग आठ
वर्षष ११, अंक ३०] बुुधावारा, जुलैै १६, २०२५/आर्षाढ २५, शाके १९४७ [पष्ृठ े२, किंकमं त : रुपये े२७.००
असाधााराण क्रमांक ६९
प्रााकिंधाकृत प्राकाशान
महाारााष्ट्र किंवधाानमंडळााचेे अकिंधाकिंनयेम व रााज्येपालैांनी प्रााख्येाकिंपत केलैेलैे अध्येादेेशा व केलैेलैे किंवकिंनयेम आकिंण
किंवधाी व न्येाये किंवभाागाकडून आलैेलैी किंवधाेयेके (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) Act, 2025 (Mah. Act No.XXXV 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.
MAHARASHTRA ACT No. XXXV OF 2025.
(First published, after having received the assent of the Governnor in the
“Maharashtra Government Gazette”, on the 16th July 2025).
An Act 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 आठ-६९–१2 महाारााष्ट्र शाासन रााजपत्र असाधााराण भााग आठ, जुलैै १६, २०२५/आर्षाढ २५, 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.
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.