Chapter 5 MISCELLANEOUS

Members, officers and employees of public examination authority to be public servants.—The Chairperson, Members, officers and other employees of the public examination authority shall be deemed, when acting or purporting to act in pursuance of any of the provisions of this Act, to be public servants within the meaning of the Bharatiya Nyaya Sanhita, 2023:

Protection of action taken in good faith by any public servant.—No suit, prosecution or other legal proceedings under this Act, shall lie against any public servant, in respect of anything which is done in good faith or intended to be done in the discharge of his official functions or in exercise of his powers: Provided that, the public servants in the service of any public examination authority shall be subject to administrative action in terms of service rules of such public examination authority:

Provisions of this Act to be in addition to other laws Provisions of this Act to be in addition to other laws.—The provisions of this Act shall be in addition to, and not in derogation of, any other law for the time being in force: Provided that, the provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force or any instrument having effect by virtue of any such law in force.

Power to make rules :-

1. (1) The State Government may, by notification in the Official Gazette, make rules to carry out the provisions of this Act.
2. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:––
   • (a) to lay down procedures, processes and activities for being adopted for conduct of the public examination;
   • (b) any other matter which is to be or may be prescribed.

Laying of rules.— Every rule made under this Act shall be laid, as soon as may be after it is made, before each State Legislature, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session, immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall, thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without

prejudice to the validity of anything previously done under that rule.

Power to remove difficulties :-

1. (1) If any difficulty arises in giving effect to the provisions of this Act, the State Government may, by order, published in the Official Gazette, make such provisions within three years, not inconsistent with the provisions of this Act, as appear to it to be necessary for removal of difficulty.
2. (2) Every order made under this section shall be laid, as soon as may be

after it is made, before each House of Bihar Legislative.

Repeal and Savings.— This Act shall apply for all the Public Examination Authorities mentioned in the Schedule and previous Act for prevention of unfair means, if any, shall be deemed to be repealed. The Act related to prevention of unfair means for any other Public Examination Authority not mentioned in the Schedule shall continue to be in force.