Chapter VI SUPPLEMENTARY AND MISCELLANEOUS PROVISIONS

All matters relating to the exercise by the Board of powers conferred upon it by the Act, which have by regulations been delegated by the Board to a Committee, shall stand transferred 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. (1) The Board may make regulations with the approval of the Governing Council, for the purposes of carrying into effect the provisions of this Act.
2. (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 Committee appointed under section 19 ;
   • (b) the subjects and curricula for the examination ;
   • (c) the general conditions governing the admission of regular and external candidates for the examinations and particular conditions regarding eligibility, 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 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 paper-setters, examiners, moderators, supervisors and other necessary personnel for conducting examinations, their powers and duties in relation to the examination and their remuneration and mode of payment ;
   • (h) the qualifications and disqualifications of paper-setters, examiners, moderators, supervisors and other necessary personnel for conducting examinations ;
     • (i) the award of certificates ;
   • (j) the appointment of officers and servants of the Board and the conditions of their service ;
   • (k) the constitution of provident fund for the benefit of the said officers and servants of the Board ;
   • (l) the control, administration, safe custody and management in all respects 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 members of the Board and the Committee appointed by them ;
   • (o) appointment of officers and staff from Government to aided and unaided institutions for smooth conduct of examination ;
   • (p) any other matter which is to be or may be prescribed under this Act.
3. (3) No regulations made under this section shall have effect until the same have been sanctioned by the Government and published by the Board in the Official Gazette.

1. (1) Notwithstanding anything contained in section 44, the first regulations shall be made by the Government and published in the Official Gazette, and they shall continue to be in force until new regulations are duly made and sanctioned under the said section.
2. (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 44 or that any regulations referred to in sub-section (1) or made by the Board under section 44 need to be modified or repealed, either wholly or in part, the Government may, after consultation with the Board and by notification in the Official Gazette, make such regulations; or modify or repeal any such regulations, either in whole 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.

1. (1) The Board may make bye-laws consistent with this Act and the regulations made thereunder 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 appointed by it and the number of members required to form a quorum at such meetings ;
   • (b) any other matter solely concerning the Board and their Committees not provided for by this Act and the regulations made thereunder.
2. (2) The bye-laws made under sub-section (1) shall be published by the Board in the Official Gazette.

If any question arises regarding the interpretation of any provisions of this Act or of any regulations or bye-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 Board so require. The decision of the Government thereon shall be final.

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

No suit, prosecution or other legal proceedings shall lie against the Government, the Governing Council, the Board or the members or any officer or servant of the Government or 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 this Act or any regulations or bye-laws.

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 (XLV of 1860).

The Maharashtra Nurses Act, 1966 (Mah. XL of 1966), shall, with effect from the appointed day, stand amended to the extent and in the manner specified in the Schedule II appended to this Act.

1. (a) Every Committee of the Maharashtra Nursing Council, constituted under section 11 of the Maharashtra Nurses Act, 1966 (Mah. XL of 1966) as may be necessary for the purposes of this Act, 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. (b) The Registrar, Joint Registrar, Deputy Registrar and Assistant Registrar, Controller of Examinations, System Analysts, Finance Officers and Accounts Officer, and any other employee of the said Council immediately before the appointed day shall continue to hold the said office till they are appointed by the Government as per the provisions of this Act.
3. (c) All institutions affiliated to the said Council 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.
4. (d) All the institutions recognized and admitted to the privileges of the Council immediately before the appointed day shall be deemed to be recognized and admitted to the privileges of the Board established under this Act, save in so far such recognition or privilege may be withdrawn, restricted or modified by or under the provisions of this Act.
5. (e) All benefactions accepted or received by the said Council, relating to the objects and purposes of this Act, 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 all 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.
6. (f) All debts, liabilities and obligations, relating to the objects and purposes of this Act, incurred before the appointed day and lawfully subsisting against the said Council for or in connection with the purposes of the Board shall be discharged and satisfied by the Board.
7. (g) Any will, deed or other document made before the appointed day which contains any bequest, gift, terms or trust in favour of the said Council for or in connection with the purposes of the Board, shall, on and from the commencement of this Act, be construed as if the Board is named therein instead of the said Council.
8. (h) All references to the said Council in any enactment, or other instruments, issued under any enactment immediately before the appointed day, having reference as to the objects and purposes of the Board under this Act, shall be construed as references to the Board constituted under this Act.
   • (i) The appointment of paper-setters, examiners, moderators, supervisors and other personnels 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, and such functionaries shall continue to hold office and discharge their duties and functions until fresh appointments are made under this Act.
9. (j) The service regulations applicable to the officers and servants of the Board immediately before the appointed day shall be deemed to have been prescribed under this Act and shall, save as otherwise provided by or under this Act, continue to remain in force, until they are superseded or modified in accordance with the provisions of this Act.
10. (k) All notices and orders made or issued by any authority and orders or circulars of the said Council immediately before the appointed day for or in connection with the purposes of the 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, until they are superseded or modified in accordance with the provisions of this Act.

1. (1) 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 appointed day, by order published in the Official Gazette, 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.
2. (2) Every order made under sub-section (1) shall be laid, as soon as may be, after it is made, before each House of the State Legislature.