GOVERNMENT  OF  MAHARASHTRA
LAW  AND  JUDICIARY  DEPARTMENT

MAHARASHTRA  ACT  No.  I  OF
1999.

MAHARASHTRA STATE COUNCIL OF
EXAMINATIONS ACT, 1998.

(As modified up to the 7th May 2013)

h

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PUNE  AND  PUBLISHED  BY  THE  DIRECTOR,  GOVERNMENT  PRINTING  AND
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2013

[  Price—Rs.  16/-  ]

GOVERNMENT  OF  MAHARASHTRA
LAW  AND  JUDICIARY  DEPARTMENT

MAHARASHTRA  ACT  No.  I  OF
1999.

MAHARASHTRA STATE COUNCIL OF
EXAMINATIONS ACT, 1998.

(As modified up to the 7th May 2013)

h

PRINTED  IN  INDIA  BY  THE  MANAGER,  GOVERNMENT  PHOTOZINCO  PRESS,
PUNE  AND  PUBLISHED  BY  THE  DIRECTOR,  GOVERNMENT  PRINTING  AND
STATIONERY,  MAHARASHTRA  STATE,  MUMBAI  -  400  004.

2013

THE MAHARASHTRA STATE COUNCIL OF
EXAMINATIONS  ACT,  1998.
––––––––––––––
C ONTENTS

PREAMBLE.

SECTIONS.

CHAPTER I.

PRELIMINARY.

1. Short title, extent and commencement.

2. Definitions.

CHAPTER II.

ESTABLISHMENT AND CONSTITUTION OF THE COUNCIL.

3. Establishment of State and Regional Councils.

4.

Incorporation of State Council.

5. Constitution of State and Regional Councils.

6. Term of office and conditions of service of Chairperson of Councils.

7. Terms of office of and allowances to members of Council.

8. Disqualification of Chairperson, members of Council.

9. Vacancy of Chairperson or member owing to disqualification.

10. Vacancy of member owing to absence without permission.

11. Decision on question as to vacancy.

12. Registration of member.

13. Casual vacancies.

14. Acts and proceedings not invalidated by vacancies or defects in constitution.

15. Removal of member.

16. Meeting of Council.

17. Power to invite experts and officers at meeting.

18. Constitution of Committees.

19. State  Council  to  absorb  certain  staff  and  to  assume  obligations  of

Government in respect of matters to which this Act applies.

20. Appointment, powers and duties of Commissioner of Council.

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Maharashtra State Council of Examinations Act, 1998.

21. Appointments,  powers  and  duties  of  Deputy  Commissioners,  Assistant

Commissioners and Evaluation Officers of State Council.

22. Other Officers and employees of Council.

CHAPTER III.

POWERS  AND  DUTIES  OF  THE  STATE  COUNCIL.

23. Powers and duties of State Council.

24. Powers and duties of Chairperson of Councils.

25. Powers and duties of Regional Councils.

26. Powers of Government to issue directions.

CHAPTER IV.

FUND,  FINANCE,  ACCOUNT  AND  AUDIT.

27. State Council’s fund, its custody and investment.

28. State Council to pay costs from fund on account of salary, pension, etc. of
Chairperson,  Commissioner,  Deputy  Commissioner,  Assistant
Commissioner, Evaluation Officers and other Officers.

29. General application of fund.

30. How fund shall be drawn against.

31. Allotment of Regional Council.

32. Preparation of annual budget estimate.

33. Annual Accounts and audit.

34.

35.

Inspection and inquiry.

Information, returns, etc. to be furnished by Councils.

CHAPTER V.

MISCELLANEOUS  PROVISIONS.

36. Manner of exercise of powers delegated to Council or Committee.

37. Powers of State Council to make regulations.

38. First regulations.

39. Powers of State Council to make bye-laws.

40.

Interpretation in case of doubt.

41. Savings.

42. Protection of action taken in good faith.

43. Chairperson,  members,  officers  and  employees  of  Council  to  be  public

servants.

44. Power to remove diffculties.

––––––––––––––––

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1

Maharashtra State Council of Examinations Act, 1998.

MAHARASHTRA  ACT No. I OF 19991.

[THE MAHARASHTRA STATE COUNCIL OF EXAMINATIONS ACT, 1998.]

(This Act received the assent of the Governor on the 2nd January 1999;

assent was first published in the Maharashtra Government Gazette, Part-IV,
on the 6th January 1999.)

An Act to provide for the establishment of a State Council to regulate
certain  matters  pertaining  to  the  scholastic,  professional  and
certain other examinations in the State of Maharashtra and for
other matters connected therewith or incidental thereto.

WHEREAS  it is expedient to provide for the establishment of a State Council
to regulate the matters pertaining to scholastic, professional and certain other
examinations  in  the  State  of  Maharashtra  and  for  other  matters  connected
therewith or incidental thereto; It is hereby enacted in the Forty-ninth Year of
the Republic of India, as follows:-

CHAPTER I.

PRELIMINARY.

1. (1) This Act may be called the Maharashtra  State Council of Examinations

Act, 1998.

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

(3) It shall come into force on such *date 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 requires,—

Definitions.

(a) “affiliated institution” means an institution duly recognised by and

affiliated to, the Council;

(b) “Commissioner” means the Commissioner of the Maharashtra State

Council of Examinations appointed under section 20;

(c)  “Council”  means  the  State  Council  of  Examinations  or  Regional

Councils as the case may be, established under section 3;

(d) “bye-laws” means the bye-laws made by the State Council under

section 39;

(e) “examination” means one or more examinations conducted by the
Council at the end of each prescribed time schedule as declared by the
Council in the syllabi;

(f) “Government” means the Government of Maharashtra;

1 For  Statement  of  Objects  and  Reasons,  see  Maharashtra  Government  Gazette,  1998,

Part- V-A, p. 266.

*

15th  August  2002,  vide    G.N.,  School  Education  Department,  No.  SPE.  1099/37292/(254/
99)/GEN-1,  dated  the  12th  August  2002,  published  in  M.G.G.,  Part  IV-B,  Extraordinary,
dt. 12-8-2002, pages 817 and 819.

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Maharashtra State Council of Examinations Act, 1998.

(g) “prescribed” means prescribed by regulations;

(h) “Principal or Head Master” means the head of the staff of a recognised

institution;

(i) “professional examination” means the examination conducted by the
Council to gauge the level of knowledge and merits of the candidates for
being eligible to enter any professional course they have applied for;

(j)  “Regional  Council”  means  a  Regional  Council  established  by  the

Government under sub-section (2) of section 3;

(k) “recognised institution” means an organised body imparting education
or training as per the prescribed syllabi which is duly recognised by the
School Education Department of Government;

(l) “regulations” means the regulations made by the Government under

section 38 and by the State Council under section 37;

(m) “scholastic examination” means the examinations conducted by the
Council  to  measure  the  scholastic  attainment  levels  of  the  students  at
primary and secondary school levels;

(n) “State Council” means the Maharashtra State Council of Examinations

established under sub-section (1) of section 3 of the Act.

CHAPTER II.

ESTABLISHMENT AND CONSTITUTION OF THE COUNCIL.

Establishment
of  State
and  Regional
Councils.

3. (1) The Government shall by notification in the Official Gazette, establish
for  the  purposes  of  this  Act  for  the  whole  State,  a  Council  to  be  called  the
Maharashtra State Council of Examinations.

(2) The State Government may, likewise, by notification in the Official Gazette,
establish a Regional Council, for any Region or for all the Regions under such
name as may be specified in the notification.

Incorpora-
tion
of  State
Council.

4. The State Council established under sub-section (1) of section 3 shall be a
body corporate having perpetual succession and a common seal and shall have
power  to  contract,  acquire,  hold  and  dispose  of  property,  both  movable  and
immovable and to do all things necessary for the purposes of this Act and may
sue and be sued by its corporate name.

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3

Maharashtra State Council of Examinations Act, 1998.

5. (1) The State Council shall consist of a Chairperson, appointed by the State
Government, from the Maharashtra Education Service, Group-A (Administrative
Branch), in the grade of Director of Education, and of the following members,
namely :—

Constitution
of  State  and
Regional
Councils.

Ex Officio Members

(i)  The  Director  of  Education  of  the  Government  or  his  nominee  not

below the rank of Joint Director;

(ii) The Chairman, Maharashtra State Board of Secondary and Higher
Secondary Education or his nominee not below the rank of a Divisional
Chairman;

(iii) The Director of State Council for Education Research and Training

or his nominee not below the rank of Joint Director;

(iv) The Director, Maharashtra State Bureau of Text Book Production

and Curriculum Research, Pune;

(v) The Principal, Maharashtra State Institute of Vocational Guidance

and Selection, Mumbai;

(vi) The Director, State Institute of Science Education;

(vii) One Officer not below the rank of Deputy Secretary of the School

Education Department of Government nominated by the Government;

(viii) All Chairpersons of the Regional Councils.

Nominated Members

(i)  One  Regional  Deputy  Director  of  Education  nominated  by  the

Government;

(ii)  One  Education  Officer  (Secondary)  or  Educational  Inspector,

nominated by the Government;

(iii) One Education Officer (Primary) nominated by the Government;

(iv)  Five  members  nominated  by  the  Government,  one  each  from
amongst the Principals or Head Masters of Primary Schools, Secondary
Schools, Colleges of Education, Junior Colleges of Education and Institute
of Commercial Education;

(v)  Three  members  nominated  by  the  Government  having  special
knowledge or practical experience in the field of education or educational
evaluation guidance and selection; and

(vi)  Four  members  nominated  by  the  Government  one  each  from
amongst  the  members  of  managements  of  Primary  Schools,  Secondary
Schools, Junior Colleges of Education and Commercial Institutes.

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Maharashtra State Council of Examinations Act, 1998.

(2) The Commissioner shall be the ex officio Member- Secretary of the State
Council who shall be entitled to take part in all the deliberations and proceedings
of the meetings of the State Council but shall have no right to vote.

(3)  (a)  A  Regional  Council  shall  consist  of  a  Regional  Chairperson  from
Maharashtra Educational Service, Group-A (Administration Branch)  in the grade
of  Deputy  Director  of  Education,  appointed  by  the  Government  and  of  the
following members, namely :—

Ex Officio Members

(i) All Regional Deputy Directors in the Region;

(ii) Three Education Officers or Educational Inspectors designated by
the State Government from amongst the Officers serving in the jurisdiction
of the Region.

Nominated Members

(i) Five members nominated by the Government one each from amongst
the Principals or Head Masters of the Secondary Schools, Primary Schools,
Junior  Colleges  of  Education,  Commercial  Institutes  and  Colleges  of
Education;

(ii)  Four  members  nominated  by  the  Government  from  amongst  the

teachers from the categories mentioned in clause (i);

(iii) Two members from amongst the management of the Educational

Institutes;

(iv) Two members from amongst the experts or retired persons in the

fields of activities of the Council.

(b) The Assistant Commissioner designated by the Chairperson of the Regional
Council shall be the ex officio-member-secretary of the Regional Council who
shall  be  entitled  to  take  part  in  all  the  deliberations  and  proceedings  of  the
meetings of the said Council but shall have no right to vote:

Provided that a person shall cease to hold office as a member of the State
Council or a Regional Council, as the case may be, if such person ceases to hold
the post, designation or office or be a representative of the management body,
as the case may be, by virtue of which such person is so appointed and such
person shall inform the Chairperson of the Council, in writing under his own
hand of his having so ceased to be member of the State Council, or the Regional
Council, as the case may be, within a week therefrom.

(4)  The  names  of  persons  (not  being  ex  officio  members)  who  have  been
nominated,  from  time  to  time,  as  the  members  of  the  State  Council  or  the

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Maharashtra State Council of Examinations Act, 1998.

Regional Council, as the case may be, shall be published by the Government in
the Official Gazette.

6. (1) The Chairperson of the State Council and the Chairperson of any Regional
Council  shall  hold  office  for  a  term  of  four  years  from  the  date  of  their
appointments as the Chairpersons.

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

Term  of
office  and
conditions
of  service
of
Chairperson
of
Councils.

(3) The Government may, from time to time, extend the term of office of a
Chairperson  of  the  State  Council  or  Regional  Council,  so  however,  that  the
aggregate period of the term shall not exceed eight years.

(4) The Chairperson of the State Council and the Chairperson of a Regional
Council  shall  be  the  employees  of  the  Government  from  the  Maharashtra
Education Services, Group-A and the Chairperson shall draw their salary and
allowances from the Consolidated Fund of the State. The salary, allowances and
other conditions of service of the Chairperson shall be such as may be determined
by the Government.

(5) Where a temporary vacancy of the Chairperson of the State Council occurs,
by reason of leave, illness or any other cause, the Commissioner shall discharge
the administrative powers of the Chairperson and in case of temporary vacancy
of a Chairperson of a Regional Council, Chairperson of State Council, may, appoint
another person to be the Chairperson of such Regional Council.

7. (1) The members of the Council other than the ex officio members, shall
hold  office  for  a  term  of  four  years  from  the  date  on  which  their  names  are
published in the Official Gazette.

Terms  of
office  of
and
allowances
to members
of Council.

(2) The term of office of the out going members shall extend to and expire
with,  the  day  immediately  preceding  the  date  on  which  the  names  of  their
successors are published in the Official Gazette.

(3) The official members shall be entitled to such compensatory allowances
and  non-official  members  such  remuneration  as  may  be  determined  by  the
regulation.

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Maharashtra State Council of Examinations Act, 1998.

Disqualifica-
tion  of
Chairperson,
members  of
Council.

8. A person shall be disqualified for being appointed or nominated as, or for
continuing as, a Chairperson or a member of the State Council or any Regional
Council or any committee appointed under this Act,—

(a) if such person directly or indirectly, by ownself or one’s 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 any contract

entered into on behalf of the Council:

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 an order for removal from office has been made against such person

under sub-section (1) or sub-section (2) of section 15;

Explanation.—For the purpose 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.

Vacancy of
Chairper-
son  or
member
owing  to
disqualifica-
tion.

9. If the Chairperson or a member of the State Council or a Regional Council
or any committee becomes subject to any of the disqualifications mentioned in
the last preceding section, such person’s office shall thereupon be declared vacant
by the Government.

Vacancy
of member
owing  to
absence
without
permission.

10. If a member nominated or appointed to the State Council or a Regional
Council remains absent without prior permission in writing of the Chairperson
of  the  Council  from  three  consecutive  meetings  thereof,  his  office  thereupon
shall become vacant, and shall be so declared by the Chairperson.

Decision  on
question  as
to  vacancy.

11. If any question arises as to whether the office of a Chairperson or a member
has become vacant under section  9 or 10, the decision of the Government, in
the matter shall be final.

Resignation
of member.

12. A member of the State Council or a Regional Council except the ex offico
member, may resign his office at any time by tendering his resignation in writing
to the Chairperson of the Council; and such member shall be deemed to have
vacated his office as soon as the Chairperson has received his resignation.

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7

Maharashtra State Council of Examinations Act, 1998.

13. All casual vacancies in the office of the members or any Committee of the
Council shall be filled in, as soon as may be, by nomination or appointment, as
the case may be; and the person nominated or appointed in a casual vacancy
shall  hold  office  so  long  only  as  member  in  whose  place  he  is  nominated  or
appointed would have held, if the vacancy had not occured.

Casual
vacancies.

Acts and
proceedings
not
invalidated
by
vacancies
or  defects
in
constitution.

Removal
of
member.

14. No act or proceeding of the State Council or any Regional Council, or any
committee of a Council shall be invalid merely by reason of any vacancy in, or
any, defect in the constitution of such Council or committee.

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

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

turpitude; or

(b) is an un-discharged 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

Council or a Regional Council:

Provided that no such recommendations shall be made by the State Council
or a Regional Council or no order shall be made under clause (e), unless he 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 Council or any Regional Council or any Committee thereof, appointed or
nominated whose activities are, in the opinion of the Government, detrimental
to, or obstruct, the proper functioning of the State Council or of the Regional
Council or of any Committee thereof:

Provided that no member shall be removed from office unless such member
has been given a reasonable opportunity of showing cause why such order should
not be made against such person.

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Maharashtra State Council of Examinations Act, 1998.

(3)  Notwithstanding  anything  contained  in  sub-sections  (1)  and  (2),  the
nominated members of the State Council and Regional Council shall hold office
during the pleasure of Government and may be removed at any time before the
expiry of their term of office.

Meetings  of
Council.

16. (1) The State Council and each Regional Council shall meet not less than
twice in every year, and six months shall not intervene between two successive
meetings.

(2) The Chairperson of the State Council or a Regional Council may at any
time if the exigencies so demand or upon a written request of not less than one
third of the total number of members of the Council (excluding the ex-officio
members) call a special meeting of the Council on a date not later than twenty-
one days after the receipt of such request by the Chairperson.

Power  to
invite
experts  and
officers  at
meeting.

17. The Chairperson of the Council may invite any person who in its opinion
is an expert in the field of education or any officer of the Government, to attend
its  meeting  or  of  its  committees,  if  the  subject  with  which  the  expert  or  the
officer is concerned is likely to come up for discussion or consideration at such
meeting.

Constitution
of
Committees.

18.  (1)  The  State  Council  shall  constitute  the  following  Committees,

namely :—

(a) Academic Committee.

(b) Executive Committee.

(c) Finance Committee.

(d) Examination Committee.

(2)  The  State  Council  may  constitute  such  other  Committees  as  it  thinks

necessary for the efficient performance of its functions.

(3) Each Regional Council shall appoint Committees designated as follows :—

(a) Standing Committee.

(b) Examination Committee.

(4)  A  Regional  Council  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 Council, the term of
office of its members and the duties and the functions to be discharged by it
shall be such as may be prescribed.

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9

Maharashtra State Council of Examinations Act, 1998.

19. (1) On the date of establishment of the State Council, that State Council
shall take over and employ such of the existing staff of the Maharashtra State
Bureau of Examinations (hereinafter in this Act, referred to as “the Bureau”)
except the officers belonging to the Maharashtra Education Service, Group- A and
Group B (Administration Branch) serving for the purposes of the Bureau, as the
Government may direct and every person so taken over and employed shall be
subject to the provisions of this Act and regulations made thereunder:

Provided that, the conditions of service applicable immediately before coming
into force of this Act in the case of any such employee shall not be varied to his
disadvantage, except with the previous approval of the Government:

State
Council
to  absorb
cretain
staff
and to
assume
obliga-
tions  of
Govern-
ment
in  respect
of matters
to  which
this Act
applies.

Provided  further  that,  any  service  rendered  by  such  employee  under  the

Government shall be deemed to be in service under the State Council.

(2) Nothing in sub-section (1) shall apply to any existing staff of the Bureau
who, by notice in writing given to the Government on the date of coming into
force of this Act or such later date as may be determined by the Government,
intimates  his  option  not  to  become  or  continue  as  an  employee  of  the  State
Council; and thereupon he shall be permitted to retire from the Government
service  and  shall  be  entitled  to  all  such  terminal  benefits  as  compensation,
pension, gratuity or the like, as may be determined by the Government (such
terminal benefits shall not be less favourable than the benefits he would have
been entitled to, had his service under the Government ceased on the coming
into force of this Act):

Provided that any service rendered by such employee under the Bureau shall

be deemed to be the service under the State Council.

(3) All expenditure which the Bureau may have incurred before the appointed
day, in connection with any of the purposes of this Act shall be deemed to have
been  advanced  towards  capital  expenditure  by  the  Government  to  the  State
Council on that day under section 27, and all assets acquired by such expenditure
shall vest into the State Council.

(4) All property, movable or immovable and all rights and interest of whatsoever
kind, and powers and privileges and present activities of the Bureau shall stand
transferred and shall vest in the State Council and be applied to the objects and
purposes for which State Council is constituted.

(5) All obligations incurred, all contracts entered into and all matters and
things engaged to be done, before the first constitution of the State Council by,
with or for the State Government or the Bureau for any of the purposes of this
Act, in respect of any scheme shall be deemed to have been incurred, entered

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Maharashtra State Council of Examinations Act, 1998.

Appoint-
ment
powrs  and
duties  of
Commissi-
oner  of
Council.

into or engaged to be done by, with or for the State Council and accordingly, all
suits or legal proceedings instituted or which might have been instituted by or
against  the  Government  or  the  Bureau,  as  the  case  may  be,  continued  or
instituted by or against the State Council.

20. (1) The State Council shall have a Commissioner appointed by Government
from amongst persons holding post of a Joint Director of Education from the
Maharashtra Education Service, Group A (Administrative Branch).

(2) The Commissioner shall be wholly responsible for design, organisation

and conduct of examinations to be conducted by the State Council.

(3) The Commissioner shall be the ex officio Chairperson of the Examination

Committee of the State Council.

(4) The Commissioner shall be entitled to attend the meetings of all other

statutory bodies of the State Council.

(5) The Commissioner shall, subject to the control of the Chairperson of the

State Council, be the Executive officer of the State Council.

(6)  The  Commissioner  shall  exercise  such  other  powers  and  perform  such

other duties as may be prescribed.

Appoint-
ments,
powers  and
duties  of
Deputy
Commissio-
ners,
Assistant
Commissi-
oners  and
Evaluation
Officers  of
State
Council.

21. (1) The Government shall appoint two or more Deputy Commissioners
from the cadre of Deputy Director of Education from the Maharashtra Education
Service, Group A (Administrative Branch), in the State Council.

(2)  The  State  Council  shall  have  Assistant  Commissioners  appointed  by
Government  from  the  cadre  of  Assistant  Director  of  Education  from  the
Maharashtra Education Service, Group A (Administrative Branch), Evaluation
Officers from Maharashtra Education Service, Group B (Administrative Branch)
and other Officers whose strength shall be decided by the Government as per
recommendations of the Chairperson.

(3)  The  Deputy  Commissioners,  Assistant  Commissioners  and  Evaluation
Officers and other Officers shall perform such duties and shall exercise such
powers and authority as directed by the Commissioner.

Other
Officers
and
employ-
ees  of
Council.

22. (1) The State Council may, with the approval of the Government, appoint
such  other  officers  and  employees,  as  it  considers  necessary  for  the  efficient
performance of its functions and the functions of the Regional Councils under
this Act.

(2) The salary, allowances and other conditions of service of the officers and
employees appointed under sub-section (1) shall be such as may be determined
by regulations.

Powers  and
duties  of
State
Council.

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11

Maharashtra State Council of Examinations Act, 1998.

CHAPTER III.

POWERS AND DUTIES OF THE STATE COUNCIL.

23.  (1) Subject to the provisions of this Act, the powers and duties of the State

Council shall be as follows :-

(a) to advise the Government on matters of policy relating to scholastic,
professional examinations or certain other examinations entrusted to it,
from time to time;

(b) to lay down guiding principles for determining curricula and syllabi
and also to prepare detailed syllabi for all areas in which examinations are
conducted by the State Council;

(c)  to  prescribe  standard  requirements  in  respect  of  staff,  building,
furniture,  equipment,  stationery  and  other  things  required  for  proper
imparting  of  education  and  training  in  the  institutes  where  the  course
content is designated and prescribed by the State Council;

(d)  to  prescribe,  if  necessary,  any  books  as  text-books  or  cause  to  be
prepared books and prescribe them as text-books for all concerned courses;

(e) to prescribe the general conditions governing admission of candidates
to  the  various  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 examinations;

(f) to conduct examinations and to award certificates to the candidates

passing the various examinations;

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

rewards and to prescribe conditions therefor;

(h) to receive bequests, donations, endowments, trusts and other transfer

of any property or interest therein or rights thereto;

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

and to manage and deal with the same;

(j) to prescribe, demand and receive fees from institutions, individuals

recognised or allowed to appear for examinations by the State Council;

(k)  to  call  for  special  reports  and  information  from  the  Director  of
Education or his office or other offices of Education Department and any
information from institutes, affiliated to the Council to ensure maintenance
of academic standards in these institutions;

12

[1999 : Mah.I

Maharashtra State Council of Examinations Act, 1998.

(l) to appoint officers and employees of the State Council [other than the
Maharashtra Education Service, Group A and Group B (Administrative
Branch)] in its office and in the office of the Regional Councils;

(m) to constitute provident fund for the benefit of staff of the Council;

(n) to approve the annual financial statements pertaining to the State
Council and Regional Council and to forward the same to the Government
for information;

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

and reform of the curricula, instruction and examination system;

(p) to appoint such committees as it may think necessary for the efficient

discharge of its functions under this Act;

(q)  to  make  regulations  for  the  purpose  of  carrying  into  effect  the

provisions of this Act;

(r) to make bye-laws relating to matters such as procedure to be followed
by the State Council, Regional Councils, their Committees and any other
matter solely concerning the State Council, Regional Councils and their
Committees;

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

be conferred or imposed on it by or under this Act;

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

purposes of this Act;

(u) to accord affiliation to the institutions desirous of sending students
to  one  or  more  examinations  conducted  by  the  Council,  provided  the
institutions comply with the “condition for according affiliation” prescribed
by regulations.

(2) It shall be lawful for the Council to conduct the examinations on the request
of any authority on contract basis on the terms and conditions approved by the
Council.

(3) The services of the Regional Deputy Directors of Education, Education
Officer or Educational Inspectors, Block Education Officers, other concerned
officers of the Government and their employees shall be available to the Council
to assist the Council for conducting the examinations and other ancillary work
connected with such examinations.

Powers  and
Duties  of
Chairperson
of  Councils.

24. (1) It shall be the duty of the Chairperson of the State Council and each of
Regional Council to ensure that the provisions of this Act and the regulations
and bye-laws made thereunder are faithfully observed and he shall have all
powers necessary for this purpose.

Powers  and
duties  of
Regional
Councils.

1999 : Mah.I]

13

Maharashtra State Council of Examinations Act, 1998.

(2) It shall be the duty of the Chairperson of the Council to preside over the
meetings  of  the  Council  and  its  Statutory  Committees  (excluding  the
Examinations Committee).

(3) In an emergency which, in the opinion of the Chairperson of the State
Council or a Regional Council, requires that immediate action should be taken,
the Chairperson shall take such action as deem necessary and shall thereafter
report this action taken to the Council at its next meeting.

(4) Each Chairperson shall exercise such other powers and perform such other

duties, as may be prescribed.

25. Subject to the provisions of this Act, the powers and duties of a Regional

Council shall be as follows, namely :—

(a) to advise the State Council on matters of regional importance, either
referred to it or on its own initiative, for the purpose of implementation of
recommendations of State Council regarding standard requirements in the
recognised and affiliated institutions;

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

admitted to the examination;

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

behalf of the State Council;

(d) to appoint examiners, moderators, supervisors and other necessary
personnel for conducting the examination in the area of its jurisdiction for
evaluation  of  candidates  performance  and  for  compiling  and  release  of
results, in accordance with such instructions as the State Council may,
from time to time, issue;

(e) to admit candidates for examinations according to the regulations

made by the State Council in this behalf;

(f) to open centres within its jurisdiction for the examination conducted

by it;

(g) to declare results of the candidates appearing at the examination

conducted by it as directed by the State Council in this regard;

(h) to forward list of candidates according to the merit to the State Council
for the purpose of award of scholarship, stipend, medals, prizes and other
rewards;

(i) to deal with the cases of unfair means according to the procedure laid

down by the State Council;

(j) to generally evaluate the performance of the candidates appearing for
the examinations and to make necessary recommendations to the State
Council in this regard;

14

[1999 : Mah.I

Maharashtra State Council of Examinations Act, 1998.

(k) to grant recognition to the institutions under its jurisdiction and to

withdraw the same in the prescribed manner;

(l) to call for any information from any affiliated and recognised institution
to maintain the academic standards and call for special information or
report on being referred to by the State Council or its own initiative from
the  Regional  Deputy  Director  of  Education  or  any  other  Educational
Functionaries in cases of poor academic fairing or with the intentions to
improve the same.

(m) to forward with the remarks, the recommendations of its committees

to the State Council for necessary action;

(n) to require institutions recognised by it or the Education Department
to extend their co-operation in conduct of the examinations and to withdraw
or  cause  to  withdraw  the  privileges  of  the  Council  or  the  Education
Department from any such institution which does not co-operate without
any acceptable and tenable reasons after giving such institution a reasonable
opportunity of showing cause why such order should not be made;

(o) to conduct such correspondence and other non formal courses leading

to the examination as the State Council may specify from time to time;

(p) to exercise such powers as may by delegated to it by the State Council.

Powers  of
Govern-
ment
to  issue
directions.

26. (1) The Government shall have the power, after considering the advice, if
any, tendered by the State Council, to issue to that Council or a Regional Council
such directions as it may consider necesary in regard to all or any of the matters
specified in clause (a) of sub-section (1) of Section 23. The Council concerned
shall comply with such directions.

(2) The Government shall also have right to address to the State Council or a
Regional  Council  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
Council concerned its views in the matter.

(3) The Council concerned shall report to the Government such action, if any,
as  it  proposes  to  take  or  has  taken  upon  receipt  the  communication,  under
sub-section (2) and shall furnish an explanation if it fails to take appropriate
action.

(4)  If  such  Council  fails,  within  a  reasonable  time  to  take  action  to  the
satisfaction  of  the  Government,  the  Government  after  considering  the
representation  or  explanation  furnished,  issue  directions  which  should  be
complied by the Council.

1999 : Mah.I]

15

Maharashtra State Council of Examinations Act, 1998.

(5) In an emergency which, in the opinion of the Government, requires that,

immediate  action  should  be  taken,  the  Government  may  take  such  action,

consistent with this Act, as it deems necessary without previous consultation

with the Council concerned and shall forthwith inform it of the action taken.

(6) The Government may by order in writing, specifying the reasons thereof,

suspend the execution of any resolution or order of any Council and prohibit the

doing  of  the  action  ordered  or  purporting  to  be  ordered  to  be  done  by  such

Council if the Government is of the opinion that such resolution, order or act is

in excess of the powers conferred by or under the Act upon such Council.

CHAPTER IV.

FUND,  FINANCE,  ACCOUNT  AND  AUDIT.

27. (1) The State Council shall have its own fund and the following receipts be

credited thereto—

(a) fees, royalties and charges including penalties, levied and collected,

by the Council;

(b) grants, assignments, contributions and loans, if any, made to it by

the Goyernment;

(c) bequests, donations and endowments or other contributions, if any;

State
Council’s
fund, its
custody
and
invest-
ment.

(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, the State Council.

(2) The State Council may keep in current or saving deposit account with the

II of
1934.
X  of
1949.

State Bank of India or with any Scheduled Bank as defined in the Reserve Bank

of  India  Act,  1934,  Banking  Regulations  Act,  1949  or  with  any  other  bank

approved by the Government in this behalf, such sum of money out of its Funds

as may be prescribed and any money in excess of the said sum shall be invested

in such manner as may be approved by the State Council.

(3) Such accounts shall be operated upon by such officers of the Council as

may be authorised by it by regulation made in this behalf.

16

[1999 : Mah.I

Maharashtra State Council of Examinations Act, 1998.

State
Council  to
pay  costs
from  fund
on  account
of  salary,
pension, etc.,
of  Chair-
person,
Comm-
issioner,
Deputy
Comm-
issioner,
Assistant
Comm-
issioner
Evaluation
Officers
and  other
Officers.

General
application
of  fund.

28. The State Council shall pay every year out of its Fund to the Government
such  amount  as  the  Government  may  determine  on  account  of  the  salary,
pensions, leave and other allowances of the Chairperson and other officers posted
in the State Council and Regional Councils by the Government.

29. Subject to the provisions of this Act, the fund of the State Council 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  State  Council  and  the
Regional Councils established under this Act.

How fund
shall be
drawn
against.

30.  No  payment  shall  be  made  by  a  bank  out  of  the  State  Council’s  fund
except upon a cheque or letter of credit signed by an officer serving under the
State Council or a Regional Council duly authorised by the State Council in this
behalf.

Allotment
of
Regional
Council.

31. The State Council shall pay, from time to time, to each Regional Council
such sums as the State Council may determine, for enabling the Regional Council
to discharge the duties and functions imposed on them by the State Council for
conduct of examinations assigned to it within its jurisdiction.

Preparation
of  annual
budget
estimates.

32. (1) The State Council shall prepare, before such date and in such manner
as may be prescribed, the budget estimates of the income and expenditure of
that  Council  incorporating  therein  the  income  and  exepnditure  of  Regional
Councils for the next financial year.

(2) The State Council 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 information. The State Government may pass
such  orders  with  reference  to  the  budget  estimates  as  it  thinks  fit  and
communicate the same to the State Council. The State Council shall give effect
to such orders.

33. (1) The State Council shall keep its accounts in such form and in such

manner as prescribed.

(2) The accounts of the State Council and a Regional Council shall be audited
by Auditor appointed by the State Council with the previous approval of the
Government.

Annual
Accounts
and
audit.

Inspection
and  inquiry.

1999 : Mah.I]

17

Maharashtra State Council of Examinations Act, 1998.

(3) The Government may, if it thinks necessary, appoint a Special Auditor to

audit the accounts of the Council.

(4) The Auditor or the Special Auditor, as the case may be, shall submit his
report to the State Council and shall forward a copy thereof to the Government.

(5) The cost of the audit under sub-section (2) or (3), if any, shall be borne by

the State Council.

34.  (1)  The  Government  shall  have  the  right  to  cause  an  inspection  to  be
made,  by  such  person  or  persons  as  it  may  direct,  of  the  State  Council  or  a
Regional Council of the buildings, hostels, laboratories, libraries and equipments
of any institution recognised by or affiliated to the State Council; and to cause
enquiry to be made in the like manner in respect of any matter connected with
any Council. The Government shall, in every case, give due notice to the Council
concerned, of its intention to cause an inspection or inquiry to be made, and the
Council  shall  be  entitled  to  appoint  the  respresentative,  who  shall  have  the
right to be present and be heard at such inspection or inquiry.

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

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

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

35.  (1)  The  State  Council  and  each  Regional  Council  shall  furnish  to  the
Government such reports, returns and statements as may be required by the
Government  and  such  further  information  relating  to  any  matter  connected
with its work as the Government may call for.

Information,
returns,etc.,
to  be
furnished
by  Councils.

(2)  The  Government  may,  after  considering  any  such  report,  return  or
statements or information furnished, give such directions consistent with this
Act as may be necessary and the State Council or the Regional Council, as the
case may be, shall comply with such directions.

18

[1999 : Mah.I

Maharashtra State Council of Examinations Act, 1998.

CHAPTER V.

MISCELLANEOUS PROVISIONS.

Manner  of
exercise  of
powers
delegated  to
Council  or
Committee.

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

Powers  of
State
Council  to
make
regulations.

37. (1) The State Council may make regulations with the previous sanction of
the Government for the purposes 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 18;

(b) the subjects and curricula for the examinations;

(c) the general conditions governing the admission of candidates, for the
examinations, and any particulars regarding fees, 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 examination

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

(e) the fees for admission to the examination and other fees and charges

payable in respect of other matters connected with these examinations;

(f)  the  arrangements  for  conduct  of  examinations  and  publication  of

results;

(g) the appointment of Examiners, Moderators, Chief Moderators, paper
setters, Translators, Centre Conductors and their powers and duties in
relation to the examinations and their remuneration;

(h) the qualifications and disqualifications of Examiners, Moderators,

Chief Moderators, paper setters, Translators, Centre Conductors, etc.;

(i) the award of certificates;

(j) the appointment of officers and employees of the State Council in its
own office and in the office of the Regional Council and the conditions of
their service;

(k) the constitution of Provident Fund for the benefit of the said officers

and employees of the Council;

1999 : Mah.I]

19

Maharashtra State Council of Examinations Act, 1998.

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

respects of the finances of the Council;

(m) the date before which and manner in which the State Council shall

prepare its budget estimates;

(n) the compensatory allowances which may be drawn by the members

of the Council and the Committees appointed by them;

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

38. (1) Notwithstanding anything contained in section 37 the first regulations
shall be made by the Government and they shall continue to be in force until
new regulations are duly made and sanctioned under the said section.

First
regula-
tions.

(2) If it shall at any time appear to the Government that it is expedient to
make  any  new  regulations  in  respect  of  any  of  the  matters  referred  to  in
section 37 or that any regulations referred to in sub-section (1) or made by the
State Council under section 37 need to be modified or repealed either wholly or
in part, the Government may, after consultation with the State Council 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 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.

39.  The  State  Council  may  make  bye-laws  consistent  with  this  Act  and

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

(a) the procedure to be followed at the meeting of the State Council and
Regional Councils and the Committees appointed by any of them and the
number of members required to form a quorum at such meeting;

(b) any other matter solely concerning the Councils and their Committees

not provided for by this Act and the regulations made thereunder.

Powers  of
State
Council  to
make
bye-laws.

40. 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 Government and shall be so referred to the Government, if
not  less  than  three  members  of  a  Council  so  require.  The  decision  of  the
Government shall be final.

Interpreta-
tion
in  case  of
doubt.

41. (1) All benefactions accepted or received by the Bureau and held by it
immediately before the appointed day shall be deemed to have been accepted,
received or held by the State Council under this Act and all conditions on which such

Saving.

20

[1999 : Mah.I

Maharashtra State Council of Examinations Act, 1998.

benefactions were accepted, received or held shall be deemed to be valid under
this Act, notwithstanding that such conditions are inconsistent with the provisions
of this Act.

(2) Any will, deed or other document made before the appointed day which
contains any bequest, gift, terms or trust in favour of the Bureau shall on and
from the appointed day, be construed as if the State Council is named therein
instead of the Bureau.

(3) All institutions recognised and admitted to the privileges of the Bureau
immediately  before  the  appointed  day  shall  be  deemed  to  be  recognised  and
admitted to the privileges of the corresponding Council 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.

(4) All debts, liabilities and obligations incurred before the appointed day and
lawfully subsisting against the Bureau shall be discharged and satisfied by the
State Council.

(5) All reference to the Bureau in any enactment or other instruments issued

under any enactment shall be construed as reference to the State Council.

(6)  Every  Committee  of  the  Bureau  shall  be  continued,  but  as  soon  as
practicable within a period of six months from the date of the coming into force
of this Act, be reconstituted in accordance with the provisions of the Act and the
regulations made thereunder.

(7) The appointments of Examiners, Moderators, Paper Setters, Translators,
Centre Conductors and other staff connected with the examinations or ancilliary
work  validly  made  and  subsisting  immediately  before  the  commencement  of
this Act for the purposes of the Bureau, and such functionaries shall contiune to
hold office and discharge their duties and functions until fresh appointments are
made under this Act for the purposes of the State Council.

(8) All notices, circulars and orders made or issued by the Bureau shall, so far
as they are not inconsistent with the provisions of this Act, continue to be in
force and be deemed to have been made or issued under this Act.

Protec-
tion
of  action
taken  in
good
faith.

42.  No  suit,  prosecution  or  other  legal  proceedings  shall  lie  against  the
Government, or the Council or the members or any officer or employees of the
Government  or  of  the  Councils  for  anything  which  is  in  good  faith  done  or
purported or intended to be done in pursuance of this Act or any regulation or
bye-laws.

1999 : Mah.I]

21

Maharashtra State Council of Examinations Act, 1998.

45  of
1860.

43.  The  Chairperson,  all  members,  officers  and  employees  of  the  Council
shall, when acting or purporting to act in pursuance of any of the provisions of
this Act, be deemed to be public servants within the meaning of section 21 of the
Indian Penal Code.

44. If any difficulty arises in giving effect to the provisions of this Act, the
Government may, as occasion requires but not later than two years from the
coming into force of this Act, by order do anything not inconsistent with the
objects and purposes of this Act which appears to it to be necessary or expedient
for removing the difficulty.

Chairperson,
members,
officers  and
employees
of  Council
to be public
servants.

Power  to
remove
difficulties.

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