Chapter VI 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. (1) The Board may make regulations with the approval of Government for the purpose 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 Committees appointed under section 20 ;
   • (b) the subjects and curricula for the examinations and assessments ;
   • (c) the general condition governing admission of regular and external candidates for the examinations and particular conditions regarding eligibility, attendance, term work, on the fulfilment of which a candidate shall have a right to be admitted to and to appear at any such examination and assessment ;
   • (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, assessments, affiliation and permission ;
   • (f) the arrangement for the conduct of examinations and publications of results ;
   • (g) the appointment of examiners, assessors, their powers and duties in relation to the examination and assessments and their remuneration and mode of payment ;
   • (h) the qualifications and disqualification of examiner and assessors ;
     • (i) to award the certificates and diplomas, after the declaration of the result ;
   • (j) the appointment of officers and servants of the Board in its own or district office and the terms and conditions of their services ;
   • (k) the control, administration, safe custody and management in all respect of the finance of the Board ;
   • (l) the date before which and the manner in which the Board shall prepare its budget estimates ;
   • (m) the allowance which may be drawn by member of the Board and the Committees appointed by them ;
   • (n) appointment of officers and staff from Government and other institutes for smooth conduct of examinations and assessment and their allowances;
   • (o) to set procedure, norms and standards for new application for permission to run the courses ;
   • (p) to give sanction for new institute, increase in intake or additional courses in existing institute ;
   • (q) preservation of record of the Board ;
   • (r) all non-academic matters for which provision is, in the opinion of the Governing Council, necessary for the purposes of this Act ;
   • (s) any other matter which is to be or may be prescribed or may be specified or may be defined under this Act.
3. (3) No regulations made under this section shall have effect until the same has been sanctioned by the Government and published by the Board in the Official Gazette.

1. (1) Notwithstanding anything contained in section 50, the first regulation 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 by the Board.
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 50 or that any regulations referred to in sub-section (1) or made by the Board under section 50, 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 to modify or repeal any such regulation, either in whole or in part. The regulations so made, modified or repealed shall take effect from the 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 as omitted to be done before such date.

1. (1) The Board may make bye-laws consistent with this Act and with the approval of the Governing Council 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 provision 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 State Government, if not less than three members of a Board so require. The decision of the Government in the matter shall be final.

All affiliated and autonomous certificate and 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, Governing Council, the Board or the members or any officers or servant of the Government or of the Governing Council or of the Board, for anything which is done 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 (45 of 1860).

1. (1) The State Government may, by notification in the Official Gazette, make rules to carry out the purposes of this Act.
2. (2) In particular and without prejudice to the generality of the forgoing provision, such rules may be made for all or any of the following matters, namely :-
   • (a) any other objects of the Board, under sub-section (36) of section 6 ;
   • (b) the procedure to be followed to take over the institution or transfer the same to another management under sub-section (7) of section 39 ;
   • (c) the procedure to phase out the closure under sub-section (8) of section 39 ;
   • (d) any other matter which is to be or may be prescribed.
3. (3) Every rule made under this Act shall be laid, as soon as may be, after it is made, before each House of the 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 in which it is so laid or the session immediately following, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made and notify such decision in the Official Gazette, the rule shall, from the date of publication of a notification in the Official Gazette, 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 or omitted to be done under that rule.

1. (1) Every Committee of the existing Board shall, as soon as practicable, but within a period of six month from the date of commencement of this Act, be reconstituted in accordance with the provisions of this Act.
2. (2) Any person holding office immediately before the commencement of this Act as Chairman, Secretary, Deputy Secretary, Assistant Secretary, Inspector, Account Officer, Controller of Examinations to the existing Board shall continue to hold the said office until the corresponding officers are appointed by the Government as per the provisions of this Act.
3. (3) All institutions affiliated or recognised to the existing Board immediately before the commencement of this Act shall be deemed to be affiliated or recognised to the Board under this Act until their affiliation or recognition is withdrawn or reconsidered under the provisions of this Act.
4. (4) The existing students of all the institutions recognised with the existing Board and the Maharashtra State Council for Vocational Training immediately before the commencement of this Act shall continue to remain as students of the institutions as recognised by the Board.
5. (5) The courses and certification recognised by the existing Board and the Maharashtra State Council of Vocational Training immediately before the commencement of this Act shall continue to remain recognised course and certification of the Board.
6. (6) All the educational institutions which were entitled to any privileges of the existing Board immediately before the commencement of this Act shall be deemed to be entitled to similar privileges under this Act of the Board.
7. (7) All benefactions accepted or received by the existing Board and held by it immediately before the commencement of this Act 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.
8. (8) All property, moveable or immovable, and all rights, and interests of whatsoever kind, and powers and privileges of the existing Board immediately before the commencement of this Act shall stand transferred and shall, vest in the Board and be applied for the objects and purposes for which the Board is constituted.
9. (9) All obligations incurred, all contracts entered into and all matters and things engaged to be done, before the first constitution of the Board by, with or for, the State Government or the existing Board for any of the purposes of this Act, in respect of any scheme for the promotion of the vocational education in the State of Maharashtra shall be deemed to have been incurred, entered into, or engaged to be done by, with or for, the Board and accordingly all claims made or suits or legal proceedings instituted or which might have been instituted by or against the State Government or the existing Board, as the case may be, continued or instituted by or against the Board.
10. (10) All legal proceedings or remedies instituted or enforceable by or against the existing Board before the commencement of this Act may be continued or enforced, as the case may be, by or against the Board as established under this Act.
11. (11) All debts, liabilities and obligations incurred before the commencement of this Act and lawfully subsisting against the existing Board shall be discharged and satisfied by the Board.
12. (12) Any will, deed or other documents made before the commencement of this Act, 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.
13. (13) All references to the existing Board in any enactment or other instruments issued under any enactment immediately before the commencement of this Act shall be construed as references to the Board constituted under this Act.
14. (14) The appointment of examiners made under the orders and subsisting immediately before the commencement of this Act shall be deemed to have been made under and for the purpose 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.
15. (15) The service regulations applicable to the officers and employees of the existing Board immediately before the commencement of this Act 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 in accordance with the provisions of this Act.
16. (16) All notices and orders made or issued by any authority and orders, circulars of the existing Board before the commencement of this Act shall, in so far as they are not inconsistent with provisions of this Act, continue to be in force and be deemed to have been made or issued under this Act.

1. (1) If any difficulty arises in giving effect to the provisions of this Act, the State Government may, as occasion arises, by an order published in the Official Gazette, do anything, not in consistent with the provisions of this Act, which appears to it to be necessary or expedient for the purpose of removing the difficulty : Provided that, no such order shall be made after the expiry of the period of two years from the date of commencement of this Act.
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.