LexThe Maharashtra State Council of Examinations Act, 1998
Maharashtra · state statute
Open in Lexace · Ask the AI about this act1999 : Mah. I] 1
THE MAHARSHTRA STATE COUNCIL OF EXAMINATION ACT, 1998
[Text as on 11th March 2025]
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CONTENTS
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. Resignation 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.
21. Appointments, powers and duties of Deputy Commissioners, Assistant Commissioners and
Evaluation Officers of State Council.
22. Other Officers and employees of Council.
2 The Maharashtra State Council of Examinations Act, 1998 [1999 : Mah. I
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 ac count of salary, pension, etc. of Chairperson,
Commissioner, Deputy Commissioner, Assistant Commiss ioner, 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. Inspection and inquiry.
35. 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 difficulties.
1999 : Mah. I] The Maharashtra State Council of Examinations Act, 1998 3
MAHARASHTRA ACT No. I OF 19991
[THE MAHARSHTRA 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, Extraordinary No. 1, 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. Short title and commencement.— (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 date2 as the State Government may, by notification in the
Official Gazette, appoint.
2. Definitions.— In this Act, unless the context otherwise requires,—
(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;
(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 establishe d 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;
1 For Statement of Objects and Reasons of the L. C. Bill No. XXVI of 1998, see Maharashtra Government Gazette, 1998,
Extraordinary No. 27, Part V-A, dated the 28th May 1998, page 266.
2 15th August 2002 , vide G.N., School Education Department, No. SPE. 1099 /37292/(254/99)/GEN-l, dated the 12 th
August 2002, published in M.G.G., Part 1V-B, Extraordinary No. 199, dated the 12th August 2002, pages 818, 819.
4 The Maharashtra State Council of Examinations Act, 1998 [1999 : Mah. I
(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 this Act.
CHAPTER II
ESTABLISHMENT AND CONSTITUTION OF THE COUNCIL
3. Establishment of State and Regional Councils.— (1) The Government shall by notification
in the Official Gazette, establish for the purposes of this Act for the whole Sta te, 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.
4. Incorporation of State Council. — The State Counc il 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 d o all
things necessary for the purposes of this Act and may sue and be sued by its corporate name.
5. Constitution of State and Regional Councils. — (1) The State Council shall consist of a
Chairperson, appointed by the State Government, from the Maharashtra Education Service, Grou p-A
(Administrative Branch), in the grade of Director of Education, and of the following members,
namely :—
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 Tra ining or his nominee not
below the rank of Joint Director;
(iv) The Director, Maharashtra State Bureau of Text Book Production and Curr iculum
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;
1999 : Mah. I] The Maharashtra State Council of Examinations Act, 1998 5
(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 ea ch from amongst the members of
managements of Primary Schools, Secondary Schools, Junior Colleges of Education and
Commercial Institutes.
(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 Go vernment from amongst the teachers from the
categories mentioned in clause (i);
(iii) Two members from amongst the managements 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 Regi onal 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 Regional Council, as the case may be, shall be
published by the Government in the Official Gazette.
6. Term of office and conditions of service of Chairperso n of Councils. — (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 th e
Chairperson unless services are extended or the Chairperson is re -employed in the service of
Government and is not transferred to some other post.
(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.
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(4) The Chairperson of the State Council and the Chairperson of a Regional Councils 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) Wh ere 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 Reg ional Council, Chairperson of
State Council, may, appoint another person to be the Chairperson of such Regional Council.
7. Terms of office of and allowances to members of Council. — (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.
(2) The term of office of the outgoing members shall extend to and expire with, the day
immediately preceding the date on which the names of the ir 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.
8. Disqualification of Chairperson, members of Council.— 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 own self 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-classes (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 remov al 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.
9. Vacancy of Chairperson or member owing to disqualification. — 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.
10. Vacancy of member owing to a bsence without permission.— 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.
11. Decision on question as to vacancy. — 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.
12. Resignation of member.— A member of the State Council or a Regional Council except the
ex-officio member, may resign his office at any time by tendering his resignation in writing to the
1999 : Mah. I] The Maharashtra State Council of Examinations Act, 1998 7
Chairperson of the Council; and such member shall be deemed to have vacated his office as soon as the
Chairperson has received his resignation.
13. Casual vacancies.— 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 appointment 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 occurred.
14. Acts and proceedings not invalidated by vacancies or defects in constitution.— 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. Removal of member.— (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 g iven 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 nomina ted 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 m ember has been given a
reasonable opportunity of showing cause why such order should not be made against such person.
(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.
16. Meeting of Council.— (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 me eting of the Council o n a date not later
than twenty-one days after the receipt of such request by the Chairperson.
17. Power to invite experts and officers at meeting. — 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.
8 The Maharashtra State Council of Examinations Act, 1998 [1999 : Mah. I
18. Constitution of Committees. — (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.
19. State Council to absorb certain staff and to assume obligations of Government in
respect of matters to which this Act applies.— (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 ser vice 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 prev ious
approval of the Government:
Provided further that, any service rendered by such employee un der 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 suc h 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 be nefits 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 i nto 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 sec tion 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 trans ferred 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 a ny scheme shall be deemed to have been
incurred, entered into or engaged to be done by, with or for the State Council and accordingly all suits
1999 : Mah. I] The Maharashtra State Council of Examinations Act, 1998 9
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. Appointment, powers and duties of Commissioner of Council. — (1) The State Council
shall have a Commissioner appointed by Government from amongst persons holding post of a Jo int
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 Commiss ioner 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.
21. Appointments, powers and duties of Deputy Commissio ners, Assistant Commissioners
and Evaluation Officers of State Council. — (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 perfor m such duties and shall exercise such powers and authority as directed by the
Commissioner.
22. Other Officers and employees of Council. — (1) The State Council may, with the approval
of the Government, appoint such other officers and employees, as it con siders 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.
CHAPTER III
POWERS AND DUTIES OF THE STATE COUNCIL
23. Powers and duties of State Council. — Subject to the provisions of this Act, the powers and
duties of the State Council shall be as follows :—
(а) 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;
10 The Maharashtra State Council of Examinations Act, 1998 [1999 : Mah. I
(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;
(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 res earch 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 lawfu l 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.
24. Powers and duties of Chairperson of Councils. — (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.
1999 : Mah. I] The Maharashtra State Council of Examinations Act, 1998 11
(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 o pinion 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. Powers and duties of Regional Councils. — 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;
(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 sp ecial 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 Educatio n 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.
12 The Maharashtra State Council of Examinations Act, 1998 [1999 : Mah. I
26. Power s of Government to issue directions. — (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 necessary in reg ard 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.
(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 ther eof 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. State Council’s fund, its custody and investment. — (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 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, the State Council.
(2) The State Council may keep in current or saving deposit account with the State Bank of India
or with any Scheduled Bank as defined in the Reserve Bank of India Act, 1934 ( II of 1934), Banking
Regulations Act, 1949 (X of 1949) or with any other bank approved by the Government in this behalf,
such sum of money ou t 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.
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.— The State Council shall pay ever y year 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. General application of fund.— 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
1999 : Mah. I] The Maharashtra State Council of Examinations Act, 1998 13
specified in this Act and for any other purpose for which by or und er this Act, powers are conferred or
duties are imposed upon the State Council and the Regional Councils established under this Act.
30. How fund shall be drawn against. — 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.
31. Allotment of R egional Council.— 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 conduc t of examinations
assigned to it within its jurisdiction.
32. Preparation of annual budget estimates.— (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 expenditure 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. Annual Accounts and audit. — (1) The State Council shall keep its accounts in such form
and in such manner as prescribed.
(2) The Account 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.
(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 there of to the Government.
(5) The cost of the audit under sub-section (2) or (3) if any, shall borne by the State Council.
34. Inspection and inquiry.— (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 representative, 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 view 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. Information, returns, etc., to be furnished by Councils. — (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.
14 The Maharashtra State Council of Examinations Act, 1998 [1999 : Mah. I
(2) The Government may, after considering any such report, return or statements or information
furnished, give such direc tions 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.
CHAPTER V
MISCELLANEOUS PROVISIONS
36. Manner of exercise of powers delegated to Council or Committee .— 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 bef ore exercising any such powers shall receive and consider the report of the
body with respect to the matter in question.
37. Powers of State Council to make regulations. — (1) The State Council may make
regulations with the previous sanction of the Govern ment 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 subject 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 examinaExcerpt shown. Open the full act in Lexace.