Chapter V SUPPLEMENTARY AND MISCELLANEOUS PROVISIONS

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

(1) The Board may make regulations with the approval of Governing Council for the purpose of carrying into effect the provisions of this Act. (2) In particular and, without prejudice to the generality of the foregoing power, such regulations may provide for all or any of following matters, namely:— (a) the constitution, powers and duties of the Committees constituted under section 21 ; (b) the subjects and curricula for the examinations; (c) the general conditions governing admission of regular and external candidates for the examinations and particular conditions regarding eligibility, attendance, term and character, on the fulfillment 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 examinations and other fees and charges payable in respect of other matters connected with these examinations; (f) the arrangements for the conduct of examinations and publication of results; (g) the appointment of examiners, their powers and duties in relation to the examination and their remuneration and mode of payment; (h) the qualifications and disqualifications of examiners; (i) the award of certificates; (j) the appointment of officers and employees of the Board and the conditions of their service; (k) the constitution of provident fund for the benefit of the officers and servants of the Board; (l) the control, administration, safe custody and management of the finances of the Board ; (m) the date before which and the manner in which the Board shall prepare its budget estimates; (n) the compensatory allowance which may be drawn by the members of the Board and the Committees; (o) appointment of officers and employees from Government and from aided and unaided institutions or polytechnics for smooth conduct of examination; (p) conditions and provisions for grant/withdrawal of provisional/permanent affiliation/accreditation and recognition; (q) conditions and procedure for grant/withdrawal of academic autonomy, conferment of autonomous status, equivalence and eligibility of various courses; (r) conditions/ procedure for closure of institution; (s) criteria/procedure for inspection of institutions including submission of report; (t) any other matter which is to be or may be prescribed. (3) No regulations made under this section shall have effect until the same have been approved by Governing Council. (2) (f) the arrangements for the conduct of examinations and publication of results; (g) the appointment of examiners, their powers and duties in relation to the examination and their remuneration and mode of payment; (h) the qualifications and disqualifications of examiners; (i) the award of certificates; (j) the appointment of officers and employees of the Board and the conditions of their service; (k) the constitution of provident fund for the benefit of the officers and servants of the Board; (l) the control, administration, safe custody and management of the finances of the Board ; (m) the date before which and the manner in which the Board shall prepare its budget estimates; (n) the compensatory allowance which may be drawn by the members of the Board and the Committees; (o) appointment of officers and employees from Government and from aided and unaided institutions or polytechnics for smooth conduct of examination; (p) conditions and provisions for grant/withdrawal of provisional/permanent affiliation/accreditation and recognition; (q) conditions and procedure for grant/withdrawal of academic autonomy, conferment of autonomous status, equivalence and eligibility of various courses; (r) conditions/ procedure for closure of institution; (s) criteria/procedure for inspection of institutions including submission of report; (t) any other matter which is to be or may be prescribed. (3) No regulations made under this section shall have effect until the same have been approved by Governing Council.

Notwithstanding anything contained in section 40, the first regulations shall be made by the Government and shall continue to be in force until new regulations are duly made by the Board.

The Board may make bye-laws consistent with this Act to provide for all or any of the following matters, namely :— (a) the procedure to be followed at the meetings of the Board and the Committees and the number of members required to form a quorum at such meetings ; (b) any other matter solely concerning the Board and Committees, not provided for by this Act and the regulations made thereunder.

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

All affiliated and autonomous diploma level institutions shall render such help and assistance to the Board as the Board may require to perform and discharge its duties and functions under this Act.

No suit, prosecution, or other legal proceedings shall lie against the Governing Council, the Board or the members of any officer or servant of the Governing Council or of the Board for anything which is in good faith done or purported or intended to be done in pursuance of the provisions of this Act or any regulations or bye-laws made thereunder.

All members, officers and employees of the Board 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, 1860 (Act 45 of 1860).

(1) Every Committee of the existing Board shall, as soon as practicable, but within a period of six months from the date of commencement of this Act, be reconstituted in accordance with the provisions of this Act. (2) All institutions affiliated to the existing Board immediately before the appointed day shall be deemed to be affiliated to the Board under this Act till their affiliation is withdrawn or reconsidered under the provisions of this Act. (3) All the educational institutions which were entitled to any privileges of the existing Board shall be deemed to be entitled to similar privileges under the Board established under this Act. (4) All benefactions accepted or received by the existing Board and held by it immediately before the appointed day, shall be deemed to have been accepted, received or held by the Board under this Act and the conditions on which such benefactions were accepted, received or held shall be deemed to be valid under this Act, notwithstanding that such conditions may be inconsistent with any of the provisions of this Act. (5) All debts, liabilities and obligations incurred before the appointed day and lawfully subsisting against the existing Board shall be discharged and satisfied by the Board. (6) Any will, deed or other document made before the appointed day, which contains any bequest, gift, term or trust in favour of existing Board shall, on and from the commencement of this Act, be construed as if the Board is named therein instead of the existing Board. (7) All references to the existing Board in any enactment or other instruments issued under any enactment, shall be construed as references to the Board established under this Act. (8) The appointment of examiners validly made under the orders and subsisting immediately before the appointed day shall be deemed to have been made under and for the purposes of this Act for the Board, and such examiners shall continue to hold office and discharge their duties and functions until fresh appointments are made under this Act. (9) All notices and orders made or issued by any authority and orders, circulars of the existing Board shall, in 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.

(1) If any difficulty arises in giving effect to the provisions of this Act, the Government may, by order published in the Official Gazette, make provisions, not inconsistent with the provisions of this Act, as appears to it to be necessary or expedient for removing the difficulty. (2) Every order made under this section shall, as soon as may be after it is made, be laid before the House of the State Legislature.