GOVERNMENT  OF  MAHARASHTRA

LAW AND JUDICIARY DEPARTMENT

MAHARASHTRA  ACT  No.  XLI OF  1965

THE MAHARASHTRA SECONDARY AND
HIGHER SECONDARY BOARDS ACT, 1965

(As  modified  up  to  the  22nd  May,  2018)

*

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STORES,  KOLHAPUR  AND  PUBLISHED  BY  THE  DIRECTOR,  GOVERNMENT
PRINTING,  STATIONERY  AND  PUBLICATIONS,  MAHARASHTRA  STATE,
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2018

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THE  MAHARASHTRA SECONDARY  AND HIGHER  SECONDARY
BOARDS  ACT,  1965
––––––––
CONTENTS

(i)

PREAMBLE.
SECTIONS.

1. Short  title,  extent  and  commencement.
2. Definitions.
3. Establishment  of  State  and  Divisional  Boards.

3A. Power  of  State  Government  to  amend  First  Schedule.

4. Incorporation  of  State  Board.
5. Constitution  of  State  Board.
6. Constitution of Divisional Boards.
7. Term  of  office  and  conditions  of  service  of  Chairmen  of  Boards.
8. Term  of  office  of,  and  allowances  to,  members  of  Boards.
9. Disqualification  of  Chairmen  and  members.
10. Vacancy  of  Chairmen  or  member  owing  to  disqualification.
11. Vacancy  of  member  owing  to  absence  without  permission.
12. Decision  on  questions  as  to  vacancy.
13. Vacancy  to  be  notified.
14. Resignation  of  member.
15. Removal  of  member.
16. Meetings  of  Boards.
17. Power  to  invite  experts  and  officers  at  meeting.
18. Powers  and  duties  of  State  Board.
19. Powers  and  duties  of  a  Divisional  Board.
20. Powers  and  duties  of  Chairmen  of  Boards.
21. Appointment, powers and duties of Secretaries, Joint and Assistant Secretaries.
22. Other  officers  and  servants  of  the  Boards.
23. Appointment  of  Committees.
24. Casual  vacancies.
25. Acts and proceedings not invalidated by vacancies or defects in constitution.
26. State  Board’s  Fund,  its  custody  and  investment.
27. State  Board  to  pay  costs  from  the  Fund  on  account  of  salary,  pension,  etc.,
of  Chairmen,  Secretaries,  Joint  Secretaries  and  Assistant  Secretaries.

28. General  application  of  the  Fund.
29. How  the  Fund  shall  be  drawn  against.
30. Allotments to Divisional Boards.
31. Preparation  of  annual  budget  estimates.
32. Annual  accounts  and  audit.

H  463-1

(ii)

32A. Inspection  and  Inquiry.

CONTENTS—Contd.

33. Information,  returns,  etc.,  to  be  furnished  by  the  Boards.
34. Powers  of  State  Government  to  issue  directions.
35. Manner  of  exercise  of  powers  delegated  to  a  Board  or  a  Committee.
36. Power  of  State  Board  to  make  regulations.
37. First regulations.
38. Power  of  State  Board  to  make  by-laws.
39. Interpretation  in  case  of  doubt.
40. Repeal  and  savings.
41. Amendments  of  certain  enactments.
42. Power to remove difficulties.

IRST  SCHEDULE.

F

SECOND SCHEDULE.

                1

MAHARASHTRA  ACT  No. XLI  OF  19651.

[THE  MAHARASHTRA  SECONDARY AND  HIGHER  SECONDARY  EDUCATION  BOARDS ACT,  1965.]

(This Act  received  the  assent  of  the  Governor  on  the  10th  September  1965,
assent  was  first  published  in  the Maharashtra  Government  Gazette, Part  IV,
on the 13th September 1965.)

Amended by Mah. 26 of 1969.
,,     39 of 1971
„
,,      6 of 1977 (15-6-1977)*
„
,,      11 of 1986 @ (6-11-1985)*
„
,,      39 of 2000 (19-8-2000)*
„
,,      27 of 2005 (19-5-2005)*
„

„
„
„
„
„

An Act to provide for the establishment of a State Board and Divisional Boards
to regulate certain matters pertaining to secondary 2[and higher secondary]
education in the State of Maharashtra.

WHEREAS,  it  is  expedient  to  provide  for  the  establishment  of  a  State  Board  and
Divisional  Boards  to  regulate  certain  matters  pertaining  to  secondary 3[and  higher
secondary]  education  in  the  State  of  Maharashtra  and  for  other  purposes  hereinafter
appearing; It is hereby enacted in the Sixteenth Year of the Republic of India as follows :—

1.

(1) This Act  may  be  called  the  Maharashtra  Secondary 4[and  Higher  Secondary]

Education Boards Act, 1965.

(2) It  extends  to  the  whole  of  the  State  of  Maharashtra.

(3) This  section  shall  come  into  force  at  once;  and  the  remaining  provisions  of  this
Act shall come into force on such 5date as the State Government may, by notification in
the Official  Gazette, appoint.

Short  title,
extent  and
commence-
ment.

2.    In  this Act,  unless  the  context  otherwise  requries,—

Definitions.

(a) “appointed day” means the date on which the remaining provisions of this Act

come  into  force  under  sub-section (3) of  section  1;

(b) “Board”  means  the  State  Board  or  a  Divisional  Board,  as  the  case  may  be;

(c) “bye-laws”  means  bye-laws  made  by  the  State  Board  under  section  38;

(d) “corresponding  Divisional  Board”  in  relation  to  the  Maharashtra  Secondary
School Certificate Examination Board means the Board established under this Act for
the Pune Division and in relation to the Vidarbha Board of Secondary Education means
the  Board  so  established  for  the  Nagpur  Division;

1 For  Statement  of  Objects  and  Reasons, see Maharashtra  Government  Gazette, 1965,  Part V,  Extra.,

pp.  371-72.

2 These  words  were  inserted  by  Mah.  6  of  1977,  s.  2.
3 These  words  were  inserted  by  Mah.  6  of  1977, s.  3.
4 These  words  were  inserted  by  Mah.  6  of  1977, s.  4.
5 1st  day  of  January  1966, vide G.N.,  E.  &  S.W.D.,  No.  SSC  1765-G  (1),  dated  20th  December,

1965.

* This  indicates  the  date  of  commencement  of  the  Act.
@ Maharashtra  Ordinance  No.  VIII  of  1985  was  repealed  by  Mah.  11  of  1986,  s.  11.

2

Maharashtra  Secondary  and  Higher  Secondary
Education  Boards  Act,  1965

[1965 : Mah. XLI

1[(e) “Division” means the areas comprised in each of the Division as specified in

the  first  Schedule  to  this  Act;]

(f) “Divisional  Board”  means  a  Board  established  for  a  Division  under  this Act;
(g) “final examination” means one or  more examination conducted 2[at the  end of
the  secondary,  or  as  the  case  may  be,  higher  secondary  stage  of  education,]  by  a
Division  Board  on  behalf  of  the  State  Board;

(h) “headmaster” or “headmistress” 3[or “principal”] means the head of the teaching
staff of a secondary school 3[or a junior college] recognised by a Divisional Board, by
whatever  style  designated  :

4[(h-1) “higher  secondary  education”  means  such  general,  technical,  vocational  or
special education (including any combined course thereof), which follows immediately
the  secondary  education  and  precedes  immediately  the  education  controlled  by
Universities  established  by  law  in  the  State;]

(i) “institution”  means  as  institution  imparting 5[secondary  or  higher  secondary

education  or  both];

6[(i-1) “junior college” means an institution which imparts education in the first year

or  the  second  year  or  both,  of  the  higher  secondary  education  course;]

(j) “prescribed”  means  prescribed  by  regulations;
(k) “primary  education”  means education  imparted  in  a  primary school  as  defined

by  the  State  Government  in  this  behalf  or  education  equivalent  thereto;

(l) “recognised  by  a  Divisional  Board”  with  reference  to  a  secondary  school 7[or
a junior college], means recognised by a Divisional Board for the purposes of admission
to the privileges of that Board, and “recognised by the Education Department” means
recognised  either  by  the  Directorate  of  Education  or  the  Directorate  of  Technical
Education under the Secondary  Schools Code 7[or any  other administrative  orders of
the Education Department of the State Government] and the expression “recognition’’,
with  all  its  grammatical  variations  and  cognate  expressions,  shall  be  construed
accordingly;

(m) “regulations”  means  the  regulations  made  by  the  State  Government  under

section  37  and  by  the  State  Board  under  section  36;

8 *

*

*

*

*

(o) “secondary  education”  means  such  general,  technical,  vocational  or  special
education  (including  any  combined  course  thereof),  which  is  designed  to  meet  the
needs of the period of adolescence and which follows immediately primary education
and  precedes  immediately 9[higher  secondary  education];

1 Clause (e) was  substituted  for  the  original  by  the  Mah.  11  of  1986,  s. 2(a)
2 These  words  were  inserted  by  Man.  6  of  1977,  s.  5(a).
3 These  words  were  inserted  by  Mah.  6  of  1977, s.  5(b).
4 Clause (h-1) was  inserted  by  Mah.  6  of  1977, s. 5(c).
5 These  words  were  inserted  by  Mah.  6  of  1977, s.  5(d).
6 Clause (i-1) was  inserted  by  Mah.  6  of  1977, s.  5(e).
7 These  words  were  inserted  by  Mah.  6  of  1977, s.  5(f).
8 Clause (n) was  deleted  by  Mah.  11  of  1986,  s. 2(b).
9 These  words  were  substituted  for  the  words  “education  controlled  by  Universities  established  by

law  in  India”  by  Mah.  6  of  1977,  s.  5(h).

1965 : Mah. XLI]

Maharashtra  Secondary  and  Higher  Secondary
Education  Boards  Act,  1965

3

(p) “State  Board”  means  the  Maharashtra  State  Board  of  Secondary 1[and  Higher

Secondary]  Education  established  under  this  Act;

2[(p-1) “secondary school” means an institution which imparts secondary education

and  is  recognised  by  a  Divisional  Board;]

(q) “teacher”  means  a  member  of  the  teaching  staff  (other  than  headmaster  or
3[headmistress or principal) of a secondary school or a Junior College] recognised by
a Divisional Board;

4[(r) “text-book”  in  relation  to  any  standard  including  the  final  standard 5[of
secondary  or  higher  secondary  education],  means  any  book  prescribed  by  the  State
Board, or prepared  or caused to be prepared  and prescribed by it,  for that standard.]

*3. (1) The  State  Government  shall  by  notification  in  the Official  Gazette, establish
a Board for the whole State by the name of “the Maharashtra State Board of Secondary
6[and  Higher  Secondary]  Education”.

Establishment
of  State  and
Divisional
Boards.

(2) The State Government shall likewise, by notification in the Official Gazette, establish
a  Board  for  each  of  the 7[*  *]  Divisions  under  such  name  as  may  be  specified  in  the
notification.

8[3A.  The  State  Government  may,  from  time  to  time,  by  notification  in  the Official
Gazette, constitute  any  new  Division  under  this  Act,  by  such  name,  for  such  area  and
with effect  from such date  as may be specified  by it, and  insert necessary entries  in the
First  Schedule;  and  may  for  that  purpose  or  any  other  purposes  specified  in  that  behalf
diminish, increase or alter the area of any existing or new Division, by suitably amending
the Schedule, by the said notification, and thereupon the entries in the said Schedule shall
stand  amended  accordingly.]

Power  of
State
Government
to  amend
First
Schedule.

4.   The State Board shall be a body corporate by the name mentioned aforesaid and
shall have perpetual succession and a common seal, and shall have power to acquire, hold
and  dispose  of property,  and  to  enter  into contracts,  and  may  by  the  said name  sue  and
be  sued.

Incorporation
of  State
Board.

1 These  words  were  inserted  by  Mah.  6  of  1977, s. 5(i).
2 Clause (p-1) was  inserted  by  Mah.  6  of  1977, s.  5(j).
3 These  words  were  substituted  for  the  words  and  bracket  “headmistress,  of  a  secondary  school”,

by  Mah.  6  of  1977, s.  5(k).

4 Clause (r) was  substituted  by  Mah.  39  of  1971,  s.  2.
5 These  words  were  inserted  by  Mah.  6  of  1977, s.  5(l).
6 These  words  were  inserted  by  Mah.  11  of  1986, s.  6(i).
7 The  word  “three”  was  deleted  by  Mah.  11  of  1986,  s.  3.
8 Section  3A  was  inserted  by  Mah.  11  of  1986, s.  4.
* Section  6(2) of  Mah.  6  of  1977  reads  as  follows  :—

Mah.
VI  of
1977.

“(2) Without  prejudice  to  the  amendments  made  by  section  22  of  this  Act,  any  reference  in
any  law  or  in  any  instrument  or  other  document  to  the  expression  “the  Maharashtra  State  Board
of  Secondary  Education”  shall,  unless  a  different  intention  appears,  be  construed  as  a  reference  to
the  Maharashtra  State  Board  of  Secondary  and  Higher  Secondary  Education,  and  in  all  suits  and
other  legal  proceedings  before  any  Court,  tribunal  or  authority  pending  on  the  commencement  of
the  Maharashtra  Secondary  Education  Boards  (Amendment)  Act,  1976,  in  which  or  to  which  the
Maharashtra  State  Board  of  Secondary  Education  is  a  party,  “the  Maharashtra  State  Board  of
Secondary  and  Higher  Secondary  Education”  shall  be  deemed  to  be  substituted  therefor”.

Constitution
of  State
Board.

4

Maharashtra  Secondary  and  Higher  Secondary
Education  Boards  Act,  1965

[1965 : Mah. XLI

5.

(1) The State Board shall consist of Chairman appointed by the State Government,

and  of  the  following  members,  that  is  to  say  :—

Class A—Ex-officio Members.

(i) The Director of Education, or any other officer of the Department of Education

designated  by  the  State  Government.

1[(i-a) The Director of Higher Education or any other officer of the Department of

Education  designated  by  the  State  Government.]

(ii) The 2[Chairmen]  of  the  Divisional  Boards.

(iii) The Director of Technical Education, or any other officer of the Department of

Technical  Education  designated  by  the  State  Government.

(iv) The Director of Agriculture, or any other officer of the Agriculture Department

designated  by  the  State  Government.

3[(iv-a) The Director of Art, or any other officer of the Directorate of Art designated

by  the  State  Government.]

4[(v) The  Director,  State  Council for  Educational  Research  and Training.]

5[*

*

*

*

*  ]

Class  B—Elected  Members.

(i) One member from each University in the State established by law, who shall be
the  person  elected  by  the  Academic  Council  or  other  designated  authority  of  the
University.

6[*

7[*

*

*

*

*

*  ]

*  ]

Class  C—Nominated  Members.

(i) 8[Six  members  designated  by  the  State  Government],  from  amongst  the
9[principals], headmasters and headmistresses nominated as members of the Divisional
Boards 9[of  whom  at  least  one  shall  be  the  principal  of  a  junior  college.]

10[(i-a) Two  members  of  the  Maharashtra  Legislative Assembly  nominated  by  the

Speaker  of  the  Maharashtra  Legislative Assembly.

(i-b) One member of the Maharashtra Legislative Council nominated by the Chairman

of  the  Maharashtra  Legislative  Council.]

1 Paragraph (i-a)  was  inserted  by  Mah.  6  of  1977,  s.  7(1)(a)(i).
2 This  word  was  substituted  for  the  word  “Chairman”  by  Mah.  11  of  1986,  s.  5(1)(a)(i).
3 This  paragraph  was  inserted  by  Mah.  39  of  1971,  s.  3.
4 Paragraph (v) was  substituted  by  Mah.  11  of  1986,  s.  5(1)(a)(ii).
5 Paragraphs (vi) and (vii) were  deleted  by  Mah.  6  of  1977,  s.  7(1)(a)(iii).
6 The  portion  beginning  with  the  words  “to  be  a  member  of  a  Divisional  Board”  and  ending,  with

the  words  “on  the  Divisional  Board”  was  deleted by  Mah.  6  of  1977, s. 7(1)(b).

7 Paragraphs (ii) and (iii) were  deleted  by  Mah.  27  of  2005,  s.  3(a).
8 These  words  were  substituted  for  the  words  “Four  members  designated  by  the  State  Government,

one  from  each  revenue  division”  by  Mah.  11  of  1986,  s.  5(1)(b)(i).

9 These  words  were  inserted  by  Mah.  6  of  1977,  s. 7(1)(c)(i).
1 0 These  Paragraphs  were  inserted  by  Mah.  27  of  2005,  s.  3(b).

1965 : Mah. XLI]

Maharashtra  Secondary  and  Higher  Secondary
Education  Boards  Act,  1965

5

1[*

*

*

*

*  ]

(ii) 2[Six members designated by the State Government], from amongst the teachers
nominated  as  members  of  the  Divisional  Boards 3[of  whom  at  least  two  shall  be
teachers  of  junior  colleges.]

(iii) One member nominated by the State Government, from amongst the Principals
4[College  of  Education]  in  the  State.

of

5[*

*

*

*

*  ]

(iv) 6[Six members designated by the State Government], from amongst representative
of  the  managing  bodies  of  secondary  schools 7[and  junior  colleges]  nominated  as
members  of the  Divisional Boards 7[of  whom  at  least one  shall  be  the  representative
of  the  managing  bodies  of  junior  colleges.]

8[(v) 9[Six members designated by the State Government], nominated by reasons of
their  having  special  knowledge,  or  practical  experience  in  matters  connected  with
primary,  secondary  or  higher  secondary  education,  of  whom  not  less  than  one  shall
be a woman.]

10[*

*

*

*

*  ]

11[12[Provided that, the State Government shall designate at least one member from each
Division  under  each  of  the  paragraphs (i),  (ii),  (iv) and (v) under  the  heading Class
C—Nominated  members  :

Provided  further  that],  a  person  shall  cease  to  hold  office  as  a  member  of  the  State
Board, if he ceases to belong to the Academic Council or the authority of the University,
the members of which elected him, or ceases to be a member of the Legislative Assembly,
or Legislative Council, or  ceases to be a principal, headmaster,  headmistress or teacher,
or  representative  of  the  managing  body  where  he  is  nominated  or  designated  from
amongst  such  persons  and  any  such  person  shall  inform  the  Chairman  in  writing  under
his  own  hand  of  his  having  so  ceased  to  be  the  member  of  the  Board,  within  a  week
therefrom.]

(2) The  names  of  persons  (not  being ex-officio members)  who  have  been  elected  or
nominated  or  designated,  from  time  to  time,  as  members  of  the  State  Board  shall  be
published  by  that  Board  in  the Official  Gazette.

1 Paragraph (i-a) was  deleted  by  Mah.  6  of  1977,  s.  7(1)(c)(ii).
2 These  words  were  substituted  for  the  words  “Eight  members  designated  by  the  State Government,

two  from  each  revenue  division”  by  Mah.  11  of  1986,  s. 5(1)(b)(ii).

3 These  words  were  inserted  by  Mah.  6  of  1977,  s.  7(1)(c)(iii).
4 These  words  were  inserted by  Mah.  6  of  1977, s. 7(1)(c)(iv).
5 Paragraphs (iii-a) was  deleted, by  Mah.  6  of  1977, s. 7(1)(c)(v).
6 These  words  were  substituted  for  the  words,  “Four  members  designated  by  the  State  Government,

one  from  each  revenue  division”,  by  Mah.  11  of  1986,  s.  5(1)(b)(iii).

7 These  words  were  inserted  by  Mah.  6  of  1977,  s.  7(1)(c)(vi).
8 Paragraph (v) was  substituted  for  the  original by  Mah.  6  of  1977, s.  7(1)(c)(vii).
9 These  words  were  substituted  for  the  words  “Four  members  designated  by  the  State  Government,

one  from  each  revenue”  by  Mah.  11  of  1986,  s. 5(1)(b)(iv).

1 0 Paragraphs (vi)  and  (vii) were  deleted  by  Mah.  6  of  1977,  s.  7(1)(c)(viii).
1 1 This  proviso  was  substituted  for  the  original by  Mah.  6  of  1977, s.  7(1)(c)(ix).
1 2 This  portion  was  substituted  for  the  words  “Provided  that”  by  Mah.  11  of  1986,  s.  5(1)(c).

6

Maharashtra  Secondary  and  Higher  Secondary
Education  Boards  Act,  1965

[1965 : Mah. XLI

1[(3) Notwithstanding anything contained in this Act, all Class C—Nominated Members
of the State Board, holding office, immediately before the commencement of the Maharashtra
Secondary and Higher Secondary Education Boards (Amendment) Act, 1986, shall cease
to  be  such  members  and  vacate  their  offices  on  the  date  on  which  new  members  are
designated by the State Government under sub-section (1), as amended by the said Act.]

Mah.
XI  of
1986.

Constitution
of  Divisional
Boards.

6.

(1) A  Divisional  Board  shall  consist  of  a  Chairman  appointed  by  the  State

Government,  and  of  the  following  members,  that  is  to  say  :—

(i) All  Regional  Deputy  Directors  of  Education  in  the  Division.

Class I—Ex-officio Members.

(ii) Two  Education  Officers  designated  by  the  State  Government  amongst  officers
serving in the Division as Parishad Education Officers of the Zilla Parishads, 2[and the
Education Inspector, Greater Bombay.]

3[*

*

*

*

*  ]

Class  III—Nominated  Members.

4[(i) Six members nominated by the State Government from amongst the principals,
headmasters  and  headmistresses  in  the  Division,  of  whom  two  shall  be  principals  of
junior colleges.]

5[*

*

*

*

*  ]

6[(ii) Eight members nominated by the State Government, from amongst the teachers

in  the  Division,  of  whom  four  shall  be  teachers  in  junior  Colleges.]

7[*

*

*

*

*  ]

8[(iv) Two  members  nominated  by  the  State  Government,  from  amongst  the
representatives  of  the  managing  bodies  of  secondary  schools  and  junior  colleges
recognised  by  the  Divisional  Boards  in  the  Division,  of  whom  one  shall  be  the
representative  of  the  managing  bodies  of  junior  colleges.]

9[*

*

*

*

*  ]

10[Provided  that,  a  person  shall  cease  to  hold  office  as  a  member  of  the  Divisional
Board, if he ceases to be a principal, headmaster, headmistress or teacher or representative
of  the  managing  body  where  he  is  nominated  from  such  persons  and  such  person  shall
inform  the  Chairman  in  writing  under  his  own  hand  of  his having  so  ceased  to  be  the
member of the Board, within a week therefrom.]

1 Sub-section (3) was  substituted  for  the  original  by  Mah.  11  of  1986,  s.  5(2).
2 These  words  were  substituted  for  the  words  “the  Educational  Inspector,  Greater  Bombay,  and  the

Inspectress  of  Girls  Schools,”  by  Mah.  11  of  1986, s.  6(1)(a).

3 The  Heading  “Class  II-Elected  Members”  and  paragraph  thereunder  were  deleted  by  Mah.  6  of

1977,  s.  8(1)(a).

4 Paragraph (i) was  substituted  by  Mah.  11  of  1986,  s. 6(1)(b)(i).
5 Paragraph (i-a) was  deleted  by  Mah.  6  of  1977,  s.  8(1)(b)(ii).
6 Paragraph (ii) was  substituted  for  the  original  by  Mah.  11  of  1986,  s.  6(1)(b)(ii).
7 Paragraphs (iii)  and  (iii-a) were  deleted  by  Mah.  6  of  1977,  s.  8(1)(b)(iv).
8 Paragraph (iv) was  substituted  by  Mah.  11  of  1986,  s.  6(1)(b)(iii).
9 Paragraphs (v) and (vi) were  deleted  by  Mah.  6  of  1977,  s.  8(1)(b)(vi).

1 0 This  proviso  was  substituted  for  the  original  by  Mah.  6  of  1977, s.  8(1)(c).

1965 : Mah. XLI]

Maharashtra  Secondary  and  Higher  Secondary
Education  Boards  Act,  1965

7

(2) The  names  of  persons  (not  being ex-officio members)  who  have  been 1[*  *  *]
nominated, from time to time, as members of a Divisional Board shall be published by the
State  Board  in  the Official  Gazette.

Mah.
VI  of
1986.

2[(3) Notwithstanding anything contained in this Act, all nominated members of every
Divisional  Board,  holding  office,  immediately  before  date  of  commencement  of  the
Maharashtra Secondary and Higher Secondary Education Boards (Amendment) Act, 1986,
shall  cease  to  be  such  members  and  vacate  their offices  on  the  date  on  which  new
members are  nominated by the  State Government under  sub-section (1), as amended  by
the  said  Act.]

7. (1) The Chairman of the State Board, and a Chairman of a Divisional Board shall

hold  office  for  a  term  of  four  years  from  the  date  of  his  appointment.

3[(1A) Nothing  in  sub-section (1) shall  affect  the  power  of  the  State  Government  to
transfer,  in  the  exigencies  of  public  service,  any  Chairman  to  any  other  post  under
Government  during  such  term;  and  if  any  Chairman  is  superannuated  in  the  service  of
Government he shall cease to be the Chairman, unless his services are extended or he is
re-employed in the service of Government and he is not transferred to some other post.]

(2) The  State  Government  may  from  time  to  time  extend  the  term  of  office  of  a

Chairman,  provided  that  the  term  shall  not  exceed  in  the  aggregate  eight  years.

(3) The Chairman of the State Board, and 4[Chairmen of the Divisional Boards] shall
be the servants of the State Government and they shall draw their salary and allowances
from the Consolidated Fund of the State. The salary and allowances and other conditions
of  service  of  Chairman  shall  be  such  as  may  be  determined  by  the  State  Government.

(4) Where  a  temporary  vacancy  of  a  Chairman  occurs,  by  reason  of  leave,  illness  or
other cause, the  State Government may appoint  another person to be  Chairman on such
salary,  allowances  and  other  conditions  of  service  as  shall  be  determined  by  the  State
Government.

Term  of
office  and
conditions  of
service  of
Chairmen  of
Boards.

8. (1) The members of the State Board and of each of the Divisional Boards, not being
members Ex-officio, shall hold office for a term of four years from the date on which their
names  are  published  in  the Official  Gazette.

5[*

*

*

*

*  ]

Term  of
office  of,  and
allowances to,
members  of
Boards.

6[(1A) Notwithstanding anything contained in sub-section (1), the nominated members
of the State Board or of the Divisional Boards shall hold office during the pleasure of the
Government and their term of office may, at any time, before the expiry of the period of
four years, be terminated by the State Government, by an order published in the Official
Gazette.]

1 The  words  “elected  or”  were  deleted  by  Mah.  6  of  1977,  s.  8(2).
2 Sub-section (3) was  substituted  for  the  original  by  Mah.  11  of  1986,  s.  6(2).
3 Sub-section (1-A) was  deemed  always  to  have  been  inserted  by  Mah.  26  of  1969,  s.  2.
4 These  words  were  substituted  for  the  words  “Chairman  of  the  Divisional  Boards”  by  Mah. 11

of  1986,  s.  7.

5 The  proviso  was  deleted  by  Mah.  39  of  2000,  s.  2(a).
6 Sub-section  (1-A) was  inserted  by  Mah.  39  of  2000, s.  2(b).

H  463-2

8

Maharashtra  Secondary  and  Higher  Secondary
Education  Boards  Act,  1965

[1965 : Mah. XLI

(2) The  members  shall  be  entitled  to  such  compensatory  allowances  as  may  be

determined  by 1[regulations.]

Disqualifica-
tion  of
Chairmen
and members.

9. A person shall be disqualified for being appointed, elected, nominated or designated
as,  or  for  continuing  as,  a  Chairman  or  member  of  the  State  Board  and  of  a Divisional
Board  or  of  any  Committee  appointed  under  this Act—

(a) if  he  directly  or  indirectly,  by  himself  or  his  partner,—

(i) has  or  had  any  share  or  interest  in  any  text-book  published,  or

(ii) has  any  share  or  interest  in  any  work  done  by  order  of,  or  in  any  contract

entered  into  on  behalf  of  the  State  Board  or  a  Divisional  Board  :

Provided that, a person who had any share or interest in any text-book referred to in
sub-clause (i) shall  not  be  deemed  to  have  incurred  the  disqualification  under  that  sub-
clause,  if  five  years  have  elapsed  from  the  date  of  publication  of  such  book;

(b) if he is a person against whom an order of removal from office has been made

under  sub-section (1) 2[or  sub-section (2)] of  section  15  :

Provided  that,  a  person  against  whom  such  order  is  made  shall  not  be  deemed  to  be
disqualified under this clause, if five years (or such lesser period as the State Government
may  specify)  has  elapsed  from  the  date  of  his  removal  from  office.

Explanation.—For  the  purposes  of  sub-clause (i) of  clause (a)—

(A) the  publication  of  a  text-book  shall  include  its  republication  ;

(B) a  person  shall  be  deemed  to  have  incurred  disqualification  by  reason  of  his

having  any  share  or  interest  in  the  business  of  the  publisher  of  such  text-book.

10.    If  the  Chairman  or  a  member  of  the  State  Board  or  a  Divisional  Board  or  any
Committee becomes subject to any of the disqualifications mentioned in the last preceding
section,  his  office  shall  thereupon  become  vacant.

11. If a member elected or nominated or designated to the State Board or a Divisional
Board remains absent without permission of the Board from three consecutive meetings
thereof,  his  office  shall  thereupon  become  vacant.

12.  If any question arises as to whether the office of the Chairman or a member has
become vacant under section 10 or 11, the question shall be referred for the decision of
the  State  Government,  and  its  decision  shall  be  final.

13. Any vacancy under section 10 or 11 shall be notified by the State Board in the

Official Gazette.

1 This  word  was  substituted  for  the  words  “by-laws  made  by  the  State  Board”  by  Mah.  6 of  1977,

s.  9.

2 These  words,  brackets  and  figure  were  inserted  by  Mah.  6  of  1977,  s.  10.

Vacancy  of
Chairman  or
member
owing  to
disqualification.

Vacancy  of
member
owing  to
absence
without
permission.

Decision  on
question  as
to  vacancy.

Vacancy  to
be  notified.

1965 : Mah. XLI]

Maharashtra  Secondary  and  Higher  Secondary
Education  Boards  Act,  1965

9

14.

 A member of the State Board or a Divisional Board, not being a member ex-officio,
may resign his office at any time by tendering his resignation in writing to the Chairman
of  the  Board;  and  such  member  shall  be  deemed  to  have  vacated  his  office  as  soon  as
the  Chairman  has  received  his  resignation.

Registration
of  member.

1[15.

(1) The State Government may, on the recommendation of the State Board or
as  the  case  may  be,  the  Divisional  Board,  and  after  making  such  further  inquiry  if  any,
as it may think fit to make, by order remove any member of the State Board or Divisional
Board or of any Council or Committee thereof, if such member-

Removal  of
member.

(a) has been convicted by a Court in India of any offence involving moral turpitude;

or

(b) is  an  undischarged  insolvent;  or

(c) has  been  declared  physically  disabled  by such  medical  authority  as  the  State

Government  may  specify;  or

(d) is  of  unsound  mind  and  stands  so  declared  by  a  competent  Court;  or

(e) is acting in a way detrimental to the aims and objects of the State Board or the

Divisional Board:

Provided that, no such recommendation shall be made by the State Board or Divisional
Board or no order shall be made under clause (e), unless the member to whom it relates
has  been  given  a  reasonable  opportunity  of  showing  cause  why  such  recommendation
or  order  should  not  be  made.

(2) The  State  Government  may suo-motu by  order  remove  any  member  of  the  State
Board of a Divisional Board or any Council or Committee thereof, elected or nominated
or  designated, whose  activities  are, in  the  opinion of  the  State Government,  detrimental
to  or  obstruct,  the  proper  functioning  of  the  State  Board  or  of  the  Divisional  Board  or
of any Council or 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) The  name  of  any  member  who  has  been  removed  from  office  under  sub-section

(1) or (2) shall  be  published  by  the  State  Board  in  the Official  Gazette.]

16.

(1) The State Board and each Divisional Board shall meet not less than twice in

every  year,  and  six  months  shall  not  intervene  between  two  successive  meetings.

Meeting  of
Boards.

(2) The Chairman of the State Board or a Divisional Board may at any time, and shall
upon  the  written  request  of  not  less  than  one-third  of  the  total  number  of  members  of
the Board (excluding the ex-officio members) call a special meeting of the Board on a date
not  later  than  twenty-one  days  after  the  receipt  of  such  request  by  the  Chairman.

1 Section  15  was  substituted  for  the  original  by  Mah.  6  of  1977,  s.  11.

10

Maharashtra  Secondary  and  Higher  Secondary
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[1965 : Mah. XLI

Power  to
invite
experts  and
officers  at
meetings.

17. A  Board  may  invite  any  person  who  in  its  opinion  is  an  expert  in  the  field  of
education 1[or  any  officer]  of  the  State  Government,  to  attend  its  meeting  or  of its
Committee, if a subject with which the expert or officer is concerned is likely to come up
or  come  up  for  discussion  or  consideration 2[*        *        *      ].

Power  and
duties  of
State  Board.

18.    Subject  to  the  provisions  of  this Act,  the  powers  and  duties  of  the  State Board

shall  be  as  follows,  namely  :—

(a) to advice the State Government on matters of policy relating to 3[secondary or
higher secondary education] in general, and on the following matters in particular :—
(i) ensuring  a  uniform  pattern  of 3[secondary  or  higher  secondary  education];

(ii) maintenance  of  uniform  standard  of  education  in  secondary  schools 4[and

junior colleges];

(iii) co-ordination between national policies and State policies in 3[secondary or

higher  secondary  education];

(iv) co-ordination between 3[secondary or higher secondary education], university

education  and  primary 5[*  *  *  *]  education;

6[(b) to lay down guiding principles for determining curricula and syllabi and also
to  prepare  the  detailed  syllabi  for  all  standards  of  secondary  and  higher  secondary
education;]

7[(c) *

*

*

*

*  ]

(d) to  prescribe  standard  requirements  in  respect  of  staff,  buildings,  furniture,
equipment,  stationery  and  other  things  required  for  secondary  schools 8[and  junior
colleges];

9[(e) to  prescribe  any  books  as  text-books,  or  to  prepare  or  cause  to  be  prepared
any  books  and  prescribe  them  as  text-books,  for  all  standards  including  the  final
standard 10[of  secondary  and  higher  secondary  education];

(f) prescribe  the  general  conditions  governing  admission  of  regular  and  private
candidates to the final examinations, and to specify the conditions regarding attendance
and character, on the fulfilment of which a candidate shall have a right to be admitted
to  and  to  appear  at  any  such  examination];

(g) to  award  certificates  to  candidates  passing  the  final  examination;

(h) to institute and award scholarships, stipends, medals, prizes and other rewards,

and  to  prescribe  conditions  therefor;

1 These  words  were  substituted  for  the  words  “or  any  of  the  following  officer  or  any  other  officer”

by  Mah.  6  of  1977,  s.  12(a).

2 Portion  beginning  with  the  words  “at  such  meeting”  and  ending  with  the  words  “National  Cadet

Corps”  was  deleted,  by  Mah.  6  of  1977, s.  12(b)

3 These  words  were  substituted  for  the  words  “secondary  education”, by  Mah.  6  of  1977, s.

13(1)(a)(i).

4 These  words  were  inserted, by  Mah.  6  of  1977, s. 13(1)(a)(ii).
5 The  words  “and  basic”  were  deleted by  Mah.  6  of  1977, s.  13(1)(a)(iii).
6 Clause (b) was  substituted  for  the  original  by  Mah,  6  of  1977,  s.  13(2).
7 Clause (c) was  deleted  by  Mah.  39  of  1971,  s.  5(a).
8 These  words  were  inserted  by  Mah.  6  of  1977,  s.  13(3).
9 Clauses (e) and (f) were  substituted  by  Mah.  39  of  1971,  s.  5(b) and (c).

1 0 These  words  were  inserted  by  Mah.  6  of  1977,  s.  13(4).

1965 : Mah. XLI]

Maharashtra  Secondary  and  Higher  Secondary
Education  Boards  Act,  1965

11

(i) to  receive  bequests,  donations,  endowments,  trusts  and  other  transfer  of  any

property,  or  interest  therein,  or  right  thereto;

(j) to  hold  any  property,  interest  or  right  referred  to  in  clause (i) above,  and  to

manage  and  deal  with  the  same;

(k) to demand and receive such fees as may be prescribed, from secondary schools

1[and  junior  colleges]  recognised  by  the  Divisional  Boards;

(l) to call for special reports and information from the Director of Education or other
officers of the Education Department, and any information from any secondary school
2[or junior college] recognised by a Divisional Board to ensure maintenance of academic
standards  in  secondary 2[and  higher  secondary]  education;

(m) to  recommend  measures  to  promote  physical,  moral  and  social  welfare  of
students in institution recognised by the Divisional Board, and to prescribe conditions
of  their  residence  and  discipline;

(n) to  appoint  officers  and  servants  of  the  State  Board  (other  than  the  Chairman,
Secretary, Joint Secretary or Assistant Secretary) in its office and in the offices of the
Divisional  Boards,  and  to  regulate  the  terms  and  conditions  of  their  service;

(o) to  constitute  provident  fund  for  the  benefit  of  the  officers  and  servants  of  the

State  Board;

3[(p) to  approve  the  annual  financial  statements  pertaining  to  the  State  Board  and
the  Divisional  Boards  and  to  recommend  to  the  State  Government  for  sanction,  the
annual  budget];

(q) to inspect and supervise generally the working of the Divisional Boards and to

inspect  periodically  the  accounts  thereof;

(r) to  conduct  statistical  and  other  research  for  the  purpose  of  evaluation  and

reform  of  the  curricula,  instruction  and  examination  system;

4[(r-1) to  conduct  correspondence  and  other  non-formal  courses  leading  to  final

examinations  through  variety  of  media  including  open  school  courses];

(s) to appoint such Committees as it may think necessary for the efficient discharge

of  its  functions  under  this  Act;

(t) to make regulations for the purpose of carrying into effect the provisions of this

Act;

(u) to  make  by-laws  relating  to  matters  such  as  procedure  to  be  followed  by  the

State Board and the Divisional Board, their Committees,

5  *

and  any  other
matter solely concerning the State Board and Divisional Boards and their Committees
that  are  not  provided  for  by  this  Act  and  the  regulations  made  thereunder;

*

*

*

*

(v) to  exercise  such  other  powers  and  perform  such  other  duties  as  may  be

conferred  or  imposed  on  it  by  or  under  this Act;

1 These  words  were  inserted by  Mah.  6  of  1977, s.  13(5).
2 These  words  were  inserted by  Mah.  6  of  1977, s.  13(6).
3 Clause (p) was  substituted  for  the  original, by  Mah.  6  of  1977, s.  13(7).
4 Clause (r-1) was  inserted  by  Mah.  11  of  1986,  s.  8.
5 The  words  “compensatory  allowance  to  be  drawn  by  the  members  of  the  Boards  and  Committees”

were  deleted  by  Mah.  6  of  1977,  s.  l3(8).

12

Maharashtra  Secondary  and  Higher  Secondary
Education  Boards  Act,  1965

[1965 : Mah. XLI

(w) to  do  all  such  acts  and  things  as  may  be  necessary  to  carry  out  the  purposes

of  this  Act.

Powers  and
duties  of  a
Divisional
Board.

19. Subject to the provisions of this Act, the powers and duties of a Divisional Board

shall  be  as  follows,  namely  :—

(a) to  advice  the  State  Board  on  matters  of  Divisional  importance,  either  referred
to it or on its own initiative, for the purposes of implementation of recommendations
by the State Board regarding standard requirements in secondary schools 1[and junior
colleges];

2[*

3[*

*

*

*

*

*

*

*  ]

*  ]

(d) to demand and receive such fees as may be prescribed for candidates admitted

to the final examination;

4[*

*

*

*

*  ]

(f) to  conduct in  the  area  of its  jurisdiction  the final  examination  on  behalf of  the

State  Board;

(g) to  appoint  paper  setters,  translators,  examiners,  moderators,  supervisors  and
other  necessary  personnel  for  conducting  the  final  examination  in  the  area  of  its
jurisdiction, for evalution of candidates’ performance and for compiling and release of
results 5[in accordance with such instructions as the State Board may from time to time
issue].

(h) to admit candidates for the final examination according to the regulations made

by  the  State  Board  in  this  behalf;

(i) to open centres within its jurisdiction for the final examination conducted by it;

(j) to  declare  the  results  of  the  candidates  appearing  at  the  final  examination
conducted by it 6[on such date or dates as may be fixed by the Examinations Committee
of  the  State  Board];

(k) to  forward  a  list  of  candidates  according  to  merit  to  the  State  Board  for  the

purpose  of  award  of  scholarships,  stipends,  medals,  prizes  and  other  rewards;

(l) to deal with cases of use of unfair means according to the procedure laid down

by  the  State  Board;

(m) to generally evaluate the performance of students in all examinations in secondary
schools 7[and  junior  colleges]  including  the  final  examination  and  make  necessary
recommendations  to  the  State  Board  in  that  behalf;

(n) to grant recognition to secondary schools 8[and junior colleges] or withdraw the

same  in  the  prescribed  manner;

1 These  words  were  inserted by  Mah.  6  of  1977, s.  14(a).
2 Clause (b) was  deleted by  Mah.  6  of  1977, s.  14(b).
3 Clause (c) was  deleted  by  Mah.  39  of  1971,  s.  6.
4 Clause (e)  was  deleted  by  Mah.  6  of  1977,  s.  14(b).
5 These  words  were  inserted by  Mah.  6  of  1977, s.  14(c).
6 These  words  were  inserted  by  Mah.  6  of  1977,  s.  14(d).
7 These  words  were-inserted by  Mah.  6  of  1977, s,  14(e).
8 These  words  were  inserted by  Mah.  6  of  1977, s,  14(f).

1965 : Mah. XLI]

Maharashtra  Secondary  and  Higher  Secondary
Education  Boards  Act,  1965

13

(o) to  call  for  any  information  from  any  secondary  school 1[and  junior  colleges]
recognised  by  it  to  ensure  maintenance  of  academic  standard  and  to  call  for  special
reports  and  information either  on  being  referred  to by  the  State  Board  or on  its  own
initiative,  from  the  Regional  Deputy  Director  of  Education  concerned  on  secondary
schools 2[and junior colleges] recognised by it not maintaining the required academic
standard, to withdraw recognition granted by it, and to recommend to the Directorate
of Education or the Directorate of Technical Education, as the case may be, withdrawal
of recognition granted under the Secondary Schools Code 3[or any other administrative
orders  of  the  Education  Department  of  the  State  Government]  also,  in  cases  of  poor
academic  results  and  grave  academic  irregularities;

(p) to forward with its remarks the recommendations of its Committees to the State

Board  for  necessary  action;

(q) to require institutions recognised by it and the Education Department to extend
their  co-operation  in  the  conduct  of  the  final  examination 4[and  to  withdraw  the
privileges  of  the  Board  from  any  institutions  which  fails  to  place  at  its  disposal  the
facilities required to conduct final examinations, after giving it a reasonable opportunity
of  showing  cause  why  such  order  should  not  be  made];

5[(q-l) to  conduct  such  correspondance  and  other  non-formal  courses  leading  to
final  examinations  as  the  State  Board  may  specify  under  clause (r-1) of  section  18;]

(r) to  exercise  such  other  powers  as  may  be  delegated  to  it  by  the  State  Board.

20. (1) It shall be the duty of the Chairman of the State Board and of each Divisional
Board  to  ensure  that  the  provisions  of  this Act,  and  the  regulations  and by-laws  made
thereunder  are  faithfully  observed  and  he  shall  have  all  powers  necessary  for  this
purpose.

Powers  and
duties  of
Chairmen  of
Boards.

(2) In  an  emergency  which,  in  the  opinion  of  the  Chairman  of  the  State  Board  or  a
Divisional Board, requires that immediate action should be taken, the Chairman shall take
such  action as  he deems  necessary and  shall thereafter  report his  action to  the Board  at
its next meeting.

(3) Each Chairman shall exercise such other powers and perform such other duties, as

may  be  prescribed.

21. (1) The State Board and each Divisional Board shall have a Secretary, who shall

be  appointed  by  the  State  Government.

(2) Each  Secretary  shall,  subject  to  the  control  of  the  Chairman,  be  the  Executive
Officer of the Board, and all other officers and servants for the time  being serving under
the  Board  shall  be  subordinate  to  him.

Appointment,
powers  and
duties  of
Secretaries,
Joint  and
Assistant
Secretaries.

(3) The Secretary shall be entitled to be present at the meetings of the Board, but shall

not  be  entitled  to  vote.

1 These  words  were  inserted by  Mah.  6  of  1977, s.  14(g)(i).
2 These  words  were  inserted by  Mah.  6  of  1977, s.  14(g)(ii).
3 These  words  were  inserted by  Mah.  6  of  1977, s.  14(g)(iii).
4 These  words  were  inserted by  Mah.  6  of  1977, s.  14(h).
5 Clause (q-l) was  inserted  by  Mah.  11  of  1986,  s. 9.

14

Maharashtra  Secondary  and  Higher  Secondary
Education  Boards  Act,  1965

[1965 : Mah. XLI

(4) Each Secretary shall exercise such other powers and perform such other duties, as

may  be  prescribed.

(5) The  State  Government  may  appoint  one  or  more  Joint  and Assistant  Secretaries
for the State Board or a Divisional Board on the recommendation of the State Board and
the  Divisional  Board  concerned  (if  any).

(6) A Joint Secretary and Assistant Secretary shall exercise such powers and perform
such duties of the Secretary as are, respectively, assigned to him by the Secretary under
the  general  or  special  orders  of  the  Board.

(7) The  Secretaries,  Joint  Secretaries  and Assistant  Secretaries  appointed  under  this
Act shall be the servants of the State Government, and they shall draw their salaries and
allowances  from  the  Consolidated  Fund  of  the  State.  The  salaries  and  allowances  and
other  conditions  of  service  of  these  officers  shall  be  such  as  may  be  determined  by  the
State Government.

Other
officers  and
servants  of
the  Boards.

22. (1) The State  Board may  appoint such  other officers  and servants  as it  considers
necessary for the efficient performance of its functions and the functions of the Divisional
Boards,  under  this  Act.

Appointment,
o f
Committees.

(2) The  salaries  and  allowances  and  other  conditions  of  service  of  the  officers  and
servants  appointed  by  the  State  Board  under  sub-section (1) shall  be  such  as  may  be
determined  by  it  by  regulations  made  under  this Act.

23.

(1) The  State  Board  shall  appoint  Committees  designated  as  follows  :—

(a) Executive Council.
(b) Academic Council.
(c) Finance Committee.
(d) Examinations Committee.
(e) Board  or  Boards  of  Studies.

(2) The State Board may appoint such other Committees as it thinks necessary for the

efficient  performance  of  its  functions.

(3) Each  Divisional  Board  shall  appoint  Committees  designated  as  follows:—

(a) Standing  Committee.

(b)

(c)

1[*

1[*

*

*

(d) Examination Committee.

(e)

1[*

*

*]

*]

*]

(4) A Divisional Board may appoint such other Committees as may be prescribed for

the  efficient  performance  of  its  functions.

(5) The constitution of every Committee appointed by the State Board or a Divisional
Board,  the  term  of  office  of  its  members  and  the  duties  and  functions  to  be  discharged
by  it  shall  be  such  as  may  be  prescribed.

1 Clauses (b),  (c) and (e) were  deleted  by  Mah.  6  of  1977,  s.  15.

1965 : Mah. XLI]

Maharashtra  Secondary  and  Higher  Secondary
Education  Boards  Act,  1965

15

24.

 All casual vacancies among the members of the State Board or a Divisional Board
or  of  any  Committee  of  a  Board  shall  be  filled  as  soon  as  may  be,  by  election  or
nomination  or  appointment  or  designation,  as  the  case  may  be;  and  the  person  elected,
nominated or appointed or designated in a causual vacancy shall hold office so long only
as the member in whose place he is elected, nominated or appointed or designated would
have  held  it,  if  the  vacancy  had  not  occured.

Casual
vacancies.

25.   No act or proceeding of the State Board or a Divisional Board or any  Committee
of  a  Board  shall  be  invalid  merely  by  reason  of  any  vacancy  in,  or  any  defect  in  the
constitution  of  such  Board  or  Committee.

26.

(1) The State Board shall have its own Fund, and the following moneys shall be

credited  thereto,—

(a) fees,  royalties  and  charges  (including  prescribed  penalties)  levied  by  it;
(b) grants,  assignments,  contributions  and  loans,  if  any,  made  to  it  by  the  State

Government;

(c) bequests,  donations  and  endowments,  or  other  contributions,  if  any;
(d) interest  on,  and  sale  proceeds  of,  any  securities  vested  in  it;
(e) all  rents  and  profits  from  the  property  vested  in  it;
(f) other  moneys  received  by  or  on  behalf  of  it.

II  of
1934.
II  of
1882.

(2) The Fund shall be kept in any Scheduled Bank as defined in the Reserve Bank of
India Act, 1934, or at the discretion of the State Board, be invested in securities authorised
by  the  Indian  Trusts Act,  1882.

27. The State Board shall pay every year out of its Fund to the State Government such
amount as that Government may determine on  account of the salary, pension, leave and
other allowances of the Chairmen, Secretaries, Joint Secretaries and Assistant Secretaries
of  the  Boards.

28.  Subject to the provision of this Act, the Fund of the State Board shall be applicable
only  to  the  payment  of  charges  and  expenses  incidental  to  the  matters  specified  in  this
Act  and  for  any  other  purpose  for  which  by  or under  this Act  powers  are  conferred  or
duties  are  imposed  upon  the  Board  established  under  this  Act.

29.  No payment shall be made by a Bank out of the State Board’s Fund, except upon
a  cheque  or  letter  of  credit  signed  by  an  officer  serving  under  the  State  Board  or  a
Divisional  Board  duly  authorised  by  the  State  Board  in  this  behalf.

1[30.  The State Board shall pay from time to time to each Divisional Board such sums
as the State Board may determine for enabling the Divisional Board to discharge the duties

1 Section  30  was  substituted  for  the  original  by  Mah.  6  of  1977,  s.  16.

H  463-3

Acts  and
proceedings
n ot
invalidated
by  vacancies
or  defects  in
constitution.

State Board’s
Fund,  its
custody  and
investment.

State  Board
to  pay  costs
from  the
Fund  on
account  of
salary, pension,
etc.,  of
Chairmen,
Secretaries
Joint
Secretaries,
and  Assistant
Secretaries.

General
application
of  the  Fund.

How  the
Fund  shall
be  drawn
against.
Allotments
to  Divisional
Boards.

16

Maharashtra  Secondary  and  Higher  Secondary
Education  Boards  Act,  1965

[1965 : Mah. XLI

and functions imposed on it by or under this Act or for completion of works or development
schemes  within  its  jurisdiction,  which  are  not  inconsistent  with  this Act.]

Preparation
of  annual
budget
estimates.

31. (1) The  State  Board  shall  prepare,  before  such  date  and  in  such  manner  as  may
be  prescribed,  the  budget  estimates  of  the  income  and  expenditure  of  that  Board
1[incorporating therein the income and expenditure of the Divisional Board,] for the next
financial year.

Annual
accounts  an
audit.

Inspection
and  Inquiry.

2[(2) The State Board shall, on or after the date referred to in sub-section (1), consider
the  budget  estimates  prepared  by  it  and  submit  them  as  approved  by  it  to  the  State
Government for its sanction. The State Government may pass such orders with reference
to  the  budget  estimates  as  it  thinks  fit,  and  communicate  the  same  to  the  State  Board.
The  State  Board  shall  give  effect  to  such  orders.]

32. The  State Board  shall  prepare annual  accounts of  receipts  and expenditure  after
incorporating  therein  such  accounts  of  the  Divisional  Boards  and  forward  them  to  the
State Government for audit. The State Government shall cause the accounts to be audited,
and  the  State  Board  shall  pay  such  charges  for  the  audit  as  that  Government  may
determine.

3[32A. (1) The  State  Government  shall  have  the  right  to  cause  an  inspection  to  be
made, by such person or persons as it may direct, of the State Board or a Divisional Board,
of the buildings, hostels, laboratories and equipment of any secondary school 4[or Junior
College]  recognised  by  a  Divisional  Board  of  the  teaching  or  other  work  conducted  by
any such school 5[or College], and of the conduct of any examination held on behalf of
the  State  Board;  and  to  cause  an  enquiry  to  be  made  in  like  manner  in  respect  of  any
matter  connected  with  any  Board.  The  State  Government  shall,  in  every  case,  give  due
notice  to  the  Board  concerned  of  its  intention  to  cause  an  inspection  or  enquiry  to  be
made, and the Board shall be entitled to appoint a representative, who shall have the right
to  be  present  and  be  heard  at  such  inspection  or  inquiry.

(2) The State Government shall communicate to the Board its views with reference to
the  results  of  the  inspection  or  inquiry  and  may,  after  ascertaining  the  opinion  of  the
Board  thereon,  advise  it  on  the  action  to  be  taken,  and  fix  a  time  limit  for  taking  such
action.

(3) The Board shall report to the State Government such action, if any, as it has taken
or  proposes  to  take  upon  the  results  of  the  inspection  or  inquiry.  Such  reports  shall  be
submitted, with the opinion of the Board thereon, within such time as the State Govern-
ment may direct.

(4) Where the Board  does not within the time  fixed take action to  the satisfaction of
the  State  Government,  the  State  Government  may,  after  considering  any  explanation
furnished  or  representation  made  by  the  Board,  issue  such  direction  as  it  may  think  fit,
and  the  Board  shall  comply  with  such  directions.]

1 These  words  were  inserted by  Mah.  6  of  1977, s.  17(a).
2 This  sub-section  was  substituted  for  sub-sections (2),  (3) and (4), by  Mah.  6  of  1977, s.  17(b).
3 Section  32A  was  inserted  by  Mah.  26  of  1969,  s.  3.
4 These  words  were  inserted  by  Mah.  6  of  1977,  s.  18(a).
5 These  words  were  inserted  by  Mah.  6  of  1977, s. 18(b).

1965 : Mah. XLI]

Maharashtra  Secondary  and  Higher  Secondary
Education  Boards  Act,  1965

17

33. (1) The State Board and each Divisional Board shall furnish to the State Govern-
ment  such  reports,  returns  and  statements  as  may  be  required  by  the  State  Government
and such further information relating to any matter connected with its work as the State
Government may call for.

Information
returns,  etc.,
to  be
furnished  by
the  Boards.

(2) The  State  Government  may,  after  considering  any  such  report,  returns  or  state-
ments  or  information  furnished,  give  such  directions  consistent  with  this Act  as  may  be
necessary, and the State Board or the Divisional Board, as the case may be, shall comply
with  such  directions.

34.

(1) The  State  Government  shall  have  the power,  after  considering  the  advice  (if
any)  tendered  by  the  State  Board,  to  issue  to  that  Board  or  a  Divisional  Board such
directions  as  it  may  consider  necessary  in  regard  to  all  or  any  of  the  matters  specified
in  clause (a) of  section  18.  The  Board  concerned  shall  comply  with  such  directions.

Power  of
State
Government
to  issue
diretions.

(2) The State Government shall have also the right to address the State Board or any
Divisional  Board  with  reference  to  anything  it  has  conducted  or  done,  or  is  conducting
or  doing,  or  intends  to  conduct  or  do,  and  to  communicate  to  the  Board  concerned  its
views  in  the  matter.

(3) The Board concerned shall report to the State Government such action, if any, as
it proposes to take or has taken upon the communication, and shall furnish an explanation
if  it fails  to take  action.

(4) If such Board does not within a reasonable time take action to the satisfaction of
the  State  Government,  the  State  Government  may,  after  considering  any  explanation
furnished or representation made by the Board, issue such directions consistent with this
Act  as  it  may  think  fit,  and  the  Board  shall  comply  with  such  directions.

(5) In  an  emergency  which,  in  the  opinion  of  the  State  Government,  requires  that
immediate action should be taken, the State Government may take such action consistent
with  this  Act  as  it  deems  necessary  without  previous  consultation  with  the  Board
concerned  and  shall  forthwith  inform  it  of  the  action  taken.

(6) The  State  Government  may,  by  order  in  writing,  specifying  the  reasons  thereof
suspend  the  execution  of  any  resolution  or  order  of  any  Board  and  prohibit  the  doing
of the action ordered to be or purporting to be ordered to be done by such Board if the
State Government is of the opinion that such resolution, order or Act is in excess of the
powers  conferred  by  or  under  this  Act  upon  such  Board.

(7) When,  under  this  section  or 1[either  of  the  last  two  preceding  sections],  any
direction, order or other communication is issued by the State Government to a Divisional
Board,  or  any  report,  explanation  or  other  communication  is  submitted  by  a  Divisional
Board  to  the  State  Government,  a  copy  thereof  shall  be  sent  to  the  State  Board.

35. All matters relating to the exercise by the State Board of powers conferred upon
it  by  this Act,  which  have  by  regulation  been  delegated  by  that  Board  to  a  Divisional
Board  or  a  Committee,  shall  stand  referred  to  that  body,  and  the  State  Board  before
exercising any such powers shall receive and consider the report of the body with respect
to  the  matter  in  question.

Manner  of
exercise  of
powers
delegated  to
a  Board  or  a
Committee.

1 These  words  were  substituted  for  the  words  “the  last  preceding  section”  by  Mah.  26  of  1969,

s.  4.

Power  of
State  Board
to  make
regulations.

18

Maharashtra  Secondary  and  Higher  Secondary
Education  Boards  Act,  1965

[1965 : Mah. XLI

36. (1) The State Board may make regulations for the purpose of carrying into effect

the  provisions  of  this  Act.

(2) In particular and without prejudice to the generality of the foregoing power, such

regulations  may  provide  for  all  or  any  of  the  following  matters,  namely:—

(a) the  constitution,  powers  and  duties  of  the  Committees,  appointed  under

section  23;

(b) the  subjects  and  curricula  for  the  final  examinations;

1[(c) the general conditions governing admission of regular and private candidates
for  the  final  examination,  and  any  particular  conditions  regarding  attendance  and
character  on  the  fulfilment  of  which  a  candidate  shall  have  a  right  to  be  admitted  to
and  to  appear  at  any  such  examination;]

(d) the  marks  required  for  passing  in  any  subject  and  the  final  examination  as  a

whole,  and  for  exemption,  credit  and  distinction  in  any  subject;

(e) the  fees  for  admission  to  the  final  examinations  and  other  fees  and  charges

payable  in  respect  of  other  matters  connected  with  those  examinations;

(f) the arrangements for the conduct of final examinations by the Divisional Boards

and  publication  of  results;

(g) the  appointment  of  examiners,  their  powers  and  duties  in  relation  to  the  final

examinations and their remuneration;

(h) the  qualifications  and  disqualifications  of  examiners;

(i) the  award  of  certificates;

(j) the appointment of officers and servants of the State Board in its own office and

in  the  offices  of  the  Divisional  Boards  and  the  conditions  of  their  service;

(k) the  constitution  of  provident  fund  for  the  benefit  of  the  said  officers  and

servants  of  the  State  Board;

(l) the  control,  administration,  safe  custody  and  management  in  all  respect  of  the

finances  of  the  State  Board;

(m) the date before which and the manner in which the 2[State Board] shall prepare

2[its]  budget  estimates;

3[(m-1) the compensatory allowance which may be drawn by members of the Boards

and  the  Committees  appointed  by  them;]

(n) any  other  matter  which  is  to  be  or  may  be  prescribed  under  this Act.

(3) No  regulation  made  under  this  section  shall  have  effect  until  the  same  has  been

sanctioned  by  the  State  Government.

1 Clause (c) was  substituted  by  Mah.  39  of  1971,  s.  7.
2 These  words  were  respectively  substituted  for  the  words  “Boards”  and  “their”  by  Mah.  6  of  1977,

s.  19(a).

3 This  clause  was  substituted  for  the  original by  Mah.  6  of  1977, s.  19(b).

1965 : Mah. XLI]

Maharashtra  Secondary  and  Higher  Secondary
Education  Boards  Act,  1965

19

37.

1[(1)]  Notwithstanding  anything  contained  in  the  last  preceding  section,  the  first
regulations shall be made by the State Government and they shall continue to be in force
until  new  regulations  are  duly  made  and  sanctioned  under  the  said  section.

First
regulations.

1[(2) If it shall at any time appear to the State Government that it is expedient to make
any new regulation in respect of any of the matters referred to in section 36 or that any
regulations  referred  to  in  sub-section (1) or  made  by  the  State  Board  under  section  36
need to be modified or repealed, either wholly or in part, the State Government may, after
consultation with the State Board and by notification in the Official Gazette, make such
regulations  or  modify  or  repeal  any  such  regulations,  either  wholly  or  in  part.  The
regulations  so  made,  modified  or  repealed  shall  take  effect  from  such  date  as  the  State
Government may in such notification specify or if no such date is specified, from the date
of publication of the said notification in the Official Gazette except as respects anything
done  or  omitted  to  be  done  before  such  date.]

38.   The  State  Board  may  make  by-laws  consistent  with  this Act  and  the  regulations

made  thereunder  to  provide  for  all  or  any  of  the  following  matters  ::—

(a) the  procedure  to  be  followed  at  the  meetings  of  the  State  Board  and  the
Divisional  Boards  and  the  Committees  appointed  by  any  of  them  and  the  number  of
members  required  to  form  a  quoram  at  such  meetings;

Power  of
State  Board
to  make  by-
laws.

2[*

*

*

*

*  ]

(c) any other matter solely concerning the Boards and their committees not provided

for  by  this  Act  and  the  regulations  made  thereunder.

39.

If  any  question  arises  regarding  the  interpretation  of  any  provision  of  this  Act
or of any regulations or by-laws made thereunder, the matter may be referred for decision
to the State Government and shall be so referred to the State Government if not less than
three members of a Board so require. The decision of the State Government shall be final.

Interpretation
in  case  of
doubt.

40.

(1) On  the  appointed  day,—

(a) the Bombay Secondary School Certificate Examination Act, 1948; and

Repeals  and
savings.

(b) the  Madhya  Pradesh  Secondary  Education Act,  1951,

shall  stand  repealed;  and  the  Maharashtra  Secondary  School  Certificate  Examination
Board and the Vidarbha Board of Secondary Education constituted thereunder (hereinafter
in  this  section  referred  to  as  “the  dissolved  Boards”)  shall  stand  dissolved  and  all
members  thereof shall  vacate  office.

(2) Notwithstanding  the  repeal  of  the  said  Acts—

(a) all property, moveable and immovable, and all right, interest of whatever kind,
powers  and  privileges  of  the  dissolved  Boards  shall  on  the  appointed  day  stand
transfered  to  the  State  Board  and  shall  without  further  assurance  vest  in  the  State

1 Section  37  was  renumbered  as  sub-section (1) and  sub-section (2) was  inserted  by  Mah.  6  of  1977,

s.  20.

2 Clause (b) was  deleted by  Mah.  6  of  1977, s.  21.

Bom.
XLIX
o f
1948.

M.P.
XII  of
1951.

20

Maharashtra  Secondary  and  Higher  Secondary
Education  Boards  Act,  1965

[1965 : Mah. XLI

Board, and shall thereafter be applied to the objects and purposes for which the State
Board  is  constituted;

(b) all benefactions accepted or received by the dissolved Boards shall be deemed
to have been accepted or received by the State Board under this Act and all conditions
on  which  such  benefactions  were  accepted  or  received  shall  be  deemed  to  be  valid
under  this  Act,  notwithstanding  that  such  conditions  are  inconsistent  with  the
provisions  of  this  Act;

(c) any will, deed or other document made before the appointed day, which contains
any bequest, gift, terms or trust in favour of a dissolved Board shall, on and from the
appointed  day,  be  construed  as  if  the  State  Board  is  named  therein  instead  of  the
dissolved  Board;

(d) all  institutions  recongnised  and  admitted  to  the  privileges  of  any  dissolved
Board  immediately  before  the  appointed  day  shall  be  deemed  to  be  recognised  and
admitted to the privileges of the corresponding Divisional Board established under this
Act,  save  in  so  far  as  such  recognition  or  privilege  may  be  withdrawn,  restricted  or
modified  by  or  under  the  provisions  of  this  Act;

(e) all  debts,  liabilities  and  obligations  incurred  before  the  appointed  day,  and
lawfully  subsisting  against  any  dissolved  Board  shall  be  discharged  and  satisfied  by
the  State  Board;

(f) all references in any enactment or other instruments issued under an enactment
to  a  dissolved  Board  shall  be  construed  as  reference  to  the  State  Board  or  the
corresponding  Divisional  Board,  as  the  case  may  be;

(g) all officers and servants of the State Government (other than Class I and Class II
officers)  serving  under  the  Maharashtra  Secondary  School  Certificate  Examination
Board immediately before the appointed day shall, from the said day, be taken over and
employed  by  the  State  Board  for  the  purposes  of  this Act,  and  they  shall,  subject  to
general or special orders made by the State Government regarding their absorption and
seniority,  continue  to  hold  office  on  the  same  conditions  of  service  as  changed
circumstances  may  permit,  until  such  conditions  are  duly  altered  by  a  competent
authority  under  this  Act  :

Provided  that,  the  conditions  of  service  applicable  immediately  before  the  appointed
day  to  the  case  of  any  such  officer  or  servant  shall  not  be  varied  to  his  disadvantage,
except  with  the  previous  approval  of  the  State  Government  :

Provided further that, any service rendered by such officer or servant under the State

Government  shall  be  deemed  to  be  service  under  the  State  Board.

Nothing  in  the  foregoing  provisions  of  this  paragraph  shall  apply  to  any  officer  or
servant  of  the  State  Government  who  is  to  be  taken  over  by  the  State  Board,  who  by
notice in writing given to the State Government, before the appointed day, or such later
date as may be determined by the State Government, intimates his option in writing not
to become or continue as an officer or servant of that Board; and thereupon he shall be
permitted  to  retire  from  Government  service  and  shall  be  entitled  to  all  such  terminal
benefits as compensation, pension, gratuity or the like, as may be determined by the State
Government  (which  terminal  benefits  shall  not  be  less  favourable  than  the  benefits  he

1965 : Mah. XLI]

Maharashtra  Secondary  and  Higher  Secondary
Education  Boards  Act,  1965

21

would  have  been  entitled  to  had  his  service  under  the  Government  ceased  on  the
appointed  day);

(h) the  officers  and  servants  duly  appointed  by  and  serving  under  the  Vidarbha
Board of Secondary Education immediately before the appointed day shall be deemed
to be officers and servants appointed by the State Board on the appointed day for the
purposes of this Act, and they shall, subject to the general or special orders made by
the  State  Government  regarding  absorption  and  seniority,  continue  to  hold  office  on
the  same  conditions  of  service  as  changed  circumstances  may  permit,  until  such
conditions  are  duly  altered  by  a  competent  authority  under  this  Act  :

Provided  that,  the  conditions  of  service  applicable  immediately  before  the  appointed
day  to the  case of  any  such officer  or servant  shall not  be  a varied  to his  disadvantage,
except  with  the  previous  approval  of  the  State  Government:

Provided  further  that,  any  service  rendered  by  such  officer  or  servant  under  the

aforesaid  Board  shall  be  deemed  to  be  service  under  the  State  Board.

41. The  enactments  specified  in  the  Second  Schedule  are  hereby  amended  to  the

extent  and  in  the  manner  mentioned  in  the  fourth  column  thereof.

42.

If  any  difficulty  arises  in  giving  effect  to  the  provisions  of  this  Act,  the  State
Government  may  by  order  do  anything  not  inconsistent  with  such  provisions  which
appears  to  it  to  be  necessary  or  expedient  for  the  purpose  of  removing  the  difficulty:

Provided that, no order shall be made under this section after the expiry of two years

from  the  appointed  day.

Amendments
of  certain
enactment.

Power  to
remove
difficulties.

22

Maharashtra  Secondary  and  Higher  Secondary
Education  Boards  Act,  1965

[1965 : Mah. XLI

1[FIRST SCHEDULE

[See clause (e) of  section  2  and  section  3 A]

Sr. No.
1

Name  of  Division
2

1

Bombay Division

...

...

2

Pune  Division

...

...

3

Nagpur Division

...

...

4

Aurangabad  Division

...

...

Area
3

(1) City of Bombay District.
(2) Bombay Suburban District.
(3) Thane District.
(4) Raigad District.
(5) Ratnagiri District.
(6) Sindhudurg District.

(1) Dhule District.
(2) Jalgaon District.
(3) Nashik District.
(4) Ahmednagar District.
(5) Kolhapur District.
(6) Pune District.
(7) Sangali District
(8) Satara District.
(9) Solapur District.

(1) Akola District.
(2) Amaravati District.
(3) Bhandara District
(4) Buldhana District.
(5) Chandrapur District.
(6) Gadchiroli District
(7) Nagpur District.
(8) Yavatmal District.
(9) Wardha District.

(1) Aurangabad District.
(2) Parbhani District.
(3) Beed District.
(4) Nanded District.
(5) Osmanabad District.
(6) Jalna District.
(7) Latur District.]

1 This  Schedule  was  substituted  for  the  original  by  Mah.  11  of  1986,  s.  10.

1965 : Mah. XLI]

Maharashtra  Secondary  and  Higher  Secondary
Education  Boards  Act,  1965

23

1[SECOND SCHEDULE

[See section  41]

Year
1

Number
2

Short  title
3

Extent  of  amendment
4

1967

XXIII Maharashtra Agricultural

University (Krishi
Vidyapeeth) Act, 1967.

1969

IX Punjabrao Agricultural

University (Krishi
Vidyapeeth) Act, 1968.

1972

XVI Marathwada Agricultural

University (Krishi
Vidyapeeth) Act, 1972.

1972

XVIII Konkan Agricultural
University (Krishi
Vidyapeeth) Act, 1972.

*1974

XXII Bombay  University Act,

1974.

In  section  25,  in  sub-section (1), under  the
heading “1, Ex-officio Members” under the
sub-heading “Category B” in clause (xii), for
the  words  “State  Board  of  Secondary
Education”, the words “State Board of Secon-
dary and Higher Secondary Education” shall
be  substituted.

In  section  25,  in  sub-section (1), under  the
heading “I, Ex-officio Members” under the
sub-heading “Category B” in clause (xii), for
the  words  “State  Board  of  Secondary
Education”, the words “State Board of Secon-
dary and Higher Secondary Education” shall
be  substituted.

In  section  25,  in  sub-section (1), under  the
heading “1, Ex-officio Members” under the
sub-heading “Category B” in clause (xii), for
the  words  “State  Board  of  Secondary
Education”,  the  words  “State  Board  of
Secondary and Higher Secondary Education”
shall be substituted.

In  section  25,  in  sub-section (1), under  the
heading “1, Ex-officio Members” under the
sub-heading “Category B” in clause (xii), for
the  words  “State  Board  of  Secondary
Education”,  the  words  “State  Board
of  Secondary  and  Higher  Secondary
Education” shall be substituted.

1. In  section 20,  in sub-section (1), under   the
heading “Ex-officio Members”, in paragraph
(A), for clauses (viii) and (ix), the following
shall be substituted, namely :—

“(viii) the  Chairman,  Maharashtra  State
Board of Secondary and Higher Secondary
Education”.

2. In section 25, in sub-section (1), under the
heading “Ex-officio Members”, in clause (iv),
for the words “State Board of Higher Secon-
dary Education” the words “State Board of
Secondary and Higher Secondary Education”
shall be substituted.

1 Second  Schedule  was  substituted  for  the  original  by  Mah.  6  of  1977,  s.  22.
* See section  115  of  the  Maharashtra  Universities Act,  1994  (Mah.  XXXV  of  1994).

H  463-4

24

Maharashtra  Secondary  and  Higher  Secondary
Education  Boards  Act,  1965

[1965 : Mah. XLI

SECOND SCHEDULE—Contd.

Year
1

Number
2

Short  title
3

Extent  of  amendment
4

Enrolment
of  students
after commence-
ment of Mah. VI
of 1977.

*1974

XXIII

Poona University Act,
1974.

3. After section 53, the following section shall

be  inserted,  namely  :—

“53A.  Notwithstanding  anything  contained
in section 53, a student  to be enrolled as a
student  of  the  University,  at  any  time  after
the  commencement  of  the  Maharashtra
Secondary Education Boards (Amendment)
Act,  1976  for  the  first  year  of  the  three
years degree course, or for the first year of
the engineering, medical or any similar degree
course,  should  have  passed,—

Mah.
VI  of
1977.

(i) the  Higher  Secondary  Certificate  Exami-
nation  conducted  by  a  Divisional  Board
established  under  the  Maharashtra    Secon-
dary and Higher Secondary Education Boards
Act,  1965;

Mah.
XLI
o f
1965.

(ii) the  Entrance  Examination,  if  any,  which
may  be  instituted  by  the  University  with
the  consent  of  the  State  Government  and
held in such subjects and in such manner as
prescribed;

(iii) any  other  examination  prescribed  as
equivalent to the examinations stated above;
or

(iv) possess  such  other  qualifications  as  are

prescribed”.

1. In section 20, in sub-section (1), under the
heading “Ex-officio Members”, in paragraph
(A), for clauses (viii) and (ix), the following
shall  be  substituted,  namely  :—

“(viii) the Chairman, Maharashtra State Board
of  Secondary  and  Higher  Secondary
Education”.

2. In section 25, in sub-section (1), under the
heading “Ex-officio Members”, in clause (iv),
for  the  words  “State  Board  of  Higher
Secondary  Education”  the  words  “State
Board of Secondary and Higher Secondary
Education”  shall  be  substituted.

* See section  115  of  the  Maharashtra  Universities  Act,  1994  (Mah.  XXXV  of  1994).

1965 : Mah. XLI]

Maharashtra  Secondary  and  Higher  Secondary
Education  Boards  Act,  1965

25

SECOND SCHEDULE—Contd.

Year
1

Number
2

Short  title
3

Extent  of  amendment
4

Enrolment
of  students
after commence-
ment of Mah. VI
of 1977.

*1974

XXIV Shivaji University Act,

1974.

3. After section 53, the following section shall

be  inserted,  namely  :—

“53A.  Notwithstanding  anything  contained
in section 53, a student  to be enrolled as a
student  of  the  University,  at  any  time  after
the  commencement  of  the  Maharashtra
Secondary Education Boards (Amendment)
Act,  1976  for  the  first  year  of  the  three
years degree course, or for the first year of
the engineering, medical or any similar degree
course,  should  have  passed,—

Mah.
VI  of
1977.

(i) the  Higher  Secondary  Certificate  Exami-
nation  conducted  by  a  Divisional  Board
established  under  the  Maharashtra    Secon-
dary and Higher Secondary Education Boards
Act,  1965;

Mah.
XLI
o f
1965.

(ii) the  Entrance  Examination,  if  any,  which
may  be  instituted  by  the  University  with
the  consent  of  the  State  Government  and
held in such subjects and in such manner as
prescribed;

(iii) any  other  examination  prescribed  as
equivalent to the examinations stated above;
or

(iv) possess  such  other  qualifications  as  are

prescribed”.

1. In section 20, in sub-section (1), under the
heading “Ex-officio Members”, in paragraph
(A), for clauses (viii) and (ix), the following
shall  be  substituted,  namely  :—

“(viii) the Chairman, Maharashtra State Board
of  Secondary  and  Higher  Secondary
Education”.

2. In section 25, in sub-section (1), under the
heading “Ex-officio Members”, in clause (iv),
for  the  words  “State  Board  of  Higher
Secondary  Education”  the  words  “State
Board of Secondary and Higher Secondary
Education”  shall  be  substituted.

* See section  115  of  the  Maharashtra  Universities  Act,  1994  (Mah.  XXXV  of  1994).

26

Maharashtra  Secondary  and  Higher  Secondary
Education  Boards  Act,  1965

[1965 : Mah. XLI

SECOND SCHEDULE—Contd.

Year
1

Number
2

Short  title
3

Extent  of  amendment
4

Enrolment
of  students
after commence-
ment of Mah. VI
of 1977.

*1974

XXV Marathwada University Act,

1974.

3. After section 53, the following section shall

be  inserted,  namely  :—

“53A.  Notwithstanding  anything  contained
in section 53, a student  to be enrolled as a
student  of  the  University,  at  any  time  after
the  commencement  of  the  Maharashtra
Secondary Education Boards (Amendment)
Act,  1976  for  the  first  year  of  the  three
years degree course, or for the first year of
the engineering, medical or any similar degree
course,  should  have  passed,—

Mah.
VI  of
1977.

(i) the  Higher  Secondary  Certificate  Exami-
nation  conducted  by  a  Divisional  Board
established  under  the  Maharashtra    Secon-
dary and Higher Secondary Education Boards
Act,  1965;

Mah.
XLI
o f
1965.

(ii) the  Entrance  Examination,  if  any,  which
may  be  instituted  by  the  University  with
the  consent  of  the  State  Government  and
held in such subjects and in such manner as
prescribed;

(iii) any  other  examination  prescribed  as
equivalent to the examinations stated above;
or

(iv) possess  such  other  qualifications  as  are

prescribed.”.

1. In section 20, in sub-section (1), under the
heading “Ex-officio Members”, in paragraph
(A), for clauses (viii) and (ix), the following
shall  be  substituted,  namely  :—

“(viii) the Chairman, Maharashtra State Board
of  Secondary  and  Higher  Secondary
Education;”.

2. In section 25, in sub-section (1), under the
heading “Ex-officio Members”, in clause (iv),
for  the  words  “State  Board  of  Higher
Secondary  Education”  the  words  “State
Board of Secondary and Higher Secondary
Education”  shall  be  substituted.

* See section  115  of  the  Maharashtra  Universities  Act,  1994  (Mah.  XXXV  of  1994).

1965 : Mah. XLI]

Maharashtra  Secondary  and  Higher  Secondary
Education  Boards  Act,  1965

27

SECOND SCHEDULE—Contd.

Year
1

Number
2

Short  title
3

Extent  of  amendment
4

Enrolment
of  students
after commence-
ment of Mah. VI
of 1977.

*1974

XXVI Nagpur University Act,

1974.

3. After section 53, the following section shall

be  inserted,  namely  :—

“53A.  Notwithstanding  anything  contained
in section 53, a student  to be enrolled as a
student  of  the  University,  at  any  time  after
the  commencement  of  the  Maharashtra
Secondary Education Boards (Amendment)
Act,  1976  for  the  first  year  of  the  three
years degree course, or for the first year of
the engineering, medical or any similar degree
course,  should  have  passed,—

Mah.
VI  of
1977.

(i) the  Higher  Secondary  Certificate  Exami-
nation  conducted  by  a  Divisional  Board
established  under  the  Maharashtra    Secon-
dary and Higher Secondary Education Boards
Act,  1965;

Mah.
XLI
o f
1965.

(ii) the  Entrance  Examination,  if  any,  which
may  be  instituted  by  the  University  with
the  consent  of  the  State  Government  and
held in such subjects and in such manner as
prescribed;

(iii) any  other  examination  prescribed  as
equivalent to the examinations stated above;
or

(iv) possess  such  other  qualifications  as  are

prescribed.”.

1. In section 20, in sub-section (1), under the
heading “Ex-officio Members”, in paragraph
(A), for clauses (viii) and (ix), the following
shall  be  substituted,  namely  :—

“(viii) the Chairman, Maharashtra State Board
of  Secondary  and  Higher  Secondary
Education;”

2. In section 25, in sub-section (1), under the
heading “Ex-officio Members”, in clause (iv),
for  the  words  “State  Board  of  Higher
Secondary  Education”  the  words  “State
Board of Secondary and Higher Secondary
Education”  shall  be  substituted.

* See section  115  of  the  Maharashtra  Universities  Act,  1994  (Mah.  XXXV  of  1994).

28

Maharashtra  Secondary  and  Higher  Secondary
Education  Boards  Act,  1965

[1965 : Mah. XLI

SECOND SCHEDULE—Contd.

Year
1

Number
2

Short  title
3

Extent  of  amendment
4

Enrolment
of  students
after commence-
ment of Mah. VI
of 1977.

*1974

XXVII

Shreemati Nathibai Damodar

Thackersey Women’s
University Act, 1974.

3. After section 53, the following section shall

be  inserted,  namely  :—

“53A.  Notwithstanding  anything  contained
in section 53, a student  to be enrolled as a
student  of  the  University,  at  any  time  after
the  commencement  of  the  Maharashtra
Secondary Education Boards (Amendment)
Act,  1976  for  the  first  year  of  the  three
years degree course, or for the first year of
the engineering, medical or any similar degree
course,  should  have  passed,—

Mah.
VI  of
1977.

(i) the  Higher  Secondary  Certificate  Exami-
nation  conducted  by  a  Divisional  Board
established  under  the  Maharashtra    Secon-
dary and Higher Secondary Education Boards
Act,  1965;

Mah.
XLI
o f
1965.

(ii) the  Entrance  Examination,  if  any,  which
may  be  instituted  by  the  University  with
the  consent  of  the  State  Government  and
held in such subjects and in such manner as
prescribed;

(iii) any  other  examination  prescribed  as
equivalent to the examinations stated above;
or

(iv) possess  such  other  qualifications  as  are

prescribed.”

1. In section 20, in sub-section (1), under the
heading “Ex-officio Members”, in paragraph
(A), for clauses (viii) and (ix), the following
shall  be  substituted,  namely  :—

“(viii) the Chairman, Maharashtra State Board
of  Secondary  and  Higher  Secondary
Education;”

2. In section 25, in sub-section (1), under the
heading “Ex-officio Members”, in clause (iv),
for  the  words  “State  Board  of  Higher
Secondary  Education”  the  words  “State
Board of Secondary and Higher Secondary
Education”  shall  be  substituted.

* See section  115  of  the  Maharashtra  Universities  Act,  1994  (Mah.  XXXV  of  1994).

1965 : Mah. XLI]

Maharashtra  Secondary  and  Higher  Secondary
Education  Boards  Act,  1965

29

SECOND SCHEDULE—Contd.

Year
1

Number
2

Short  title
3

Extent  of  amendment
4

Enrolment
of  students
after commence-
ment of Mah. VI
of 1977.

3. After section 53, the following section shall

be  inserted,  namely  :—

“53A.  Notwithstanding  anything  contained
in section 53, a student  to be enrolled as a
student  of  the  University,  at  any  time  after
the  commencement  of  the  Maharashtra
Secondary Education Boards (Amendment)
Act,  1976  for  the  first  year  of  the  three
years degree course, or for the first year of
the engineering, medical or any similar degree
course,  should  have  passed,—

Mah.
VI  of
1977.

(i) the  Higher  Secondary  Certificate  Exami-
nation  conducted  by  a  Divisional  Board
established  under  the  Maharashtra    Secon-
dary and Higher Secondary Education Boards
Act,  1965;

Mah.
XLI
o f
1965.

(ii) the  Entrance  Examination,  if  any,  which
may  be  instituted  by  the  University  with
the  consent  of  the  State  Government  and
held in such subjects and in such manner as
prescribed;

(iii) any  other  examination  prescribed  as
equivalent to the examinations stated above;
or

(iv) possess  such  other  qualifications  as  are

prescribed.”.]

H  463-50 Bks.-6.2018

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