Chapter II ESTABLISHMENT AND CONSTITUTION OF THE COUNCIL

1. (1) The Government shall by notification in the Official Gazette, establish for the purposes of this Act for the whole State, a Council to be called the Maharashtra State Council of Examinations.
2. (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.

The State Council 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 do all things necessary for the purposes of this Act and may sue and be sued by its corporate name.

1. (1) The State Council shall consist of a Chairperson, appointed by the State Government, from the Maharashtra Education Service, Group-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 Training or his nominee not below the rank of Joint Director;
   • (iv) The Director, Maharashtra State Bureau of Text Book Production and Curriculum 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;
   • (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 each from amongst the members of managements of Primary Schools, Secondary Schools, Junior Colleges of Education and Commercial Institutes.
2. (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. (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 Government 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-officioMember-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 Regional Council, as the case may be, within a week therefrom.
4. (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.

1. (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. (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 the 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. (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.
4. (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. (5) Where 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 Regional Council, Chairperson of State Council, may, appoint another person to be the Chairperson of such Regional Council.

1. (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. (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 their successors are published in the Official Gazette.
3. (3) The official members shall be entitled to such compensatory allowances and non-official members such remuneration as may be determined by the regulation.

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,-

1. (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;
2. (b) if an order for removal 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)-
3. (A) the publication of a text-book shall include its republication;
4. (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.

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.

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.

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.

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 Chairperson of the Council; and such member shall be deemed to have vacated his office as soon as the Chairperson has received his resignation.

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.

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.

1. (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 given a reasonable opportunity of showing cause why such recommendation or order should not be made.
2. (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 nominated 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 member has been given a reasonable opportunity of showing cause why such order should not be made against such person.
3. (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.

1. (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. (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 meeting of the Council on a date not later than twenty-one days after the receipt of such request by the Chairperson.

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.

1. (1) The State Council shall constitute the following Committees, namely :-
   • (a) Academic Committee.
   • (b) Executive Committee.
   • (c) Finance Committee.
   • (d) Examination Committee.
2. (2) The State Council may constitute such other Committees as it thinks necessary for the efficient performance of its functions.
3. (3) Each Regional Council shall appoint Committees designated as follows :-
   • (a) Standing Committee.
   • (b) Examination Committee.
4. (4) A Regional Council may appoint such other Committees as may be prescribed for the efficient performance of its functions.
5. (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.

1. (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 service 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 previous approval of the Government: Provided further that, any service rendered by such employee under the Government shall be deemed to be in service under the State Council.
2. (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 such 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 benefits 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 into 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. (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 section 27, and all assets acquired by such expenditure shall vest into the State Council.
4. (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 transferred and shall vest in the State Council and be applied to the objects and purposes for which State Council is constituted.
5. (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 any 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 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.

1. (1) The State Council shall have a Commissioner appointed by Government from amongst persons holding post of a Joint Director of Education from the Maharashtra Education Service, Group A (Administrative Branch).
2. (2) The Commissioner shall be wholly responsible for design, organisation and conduct of examinations to be conducted by the State Council.
3. (3) The Commissioner shall be the ex-officio Chairperson of the Examination Committee of the State Council.
4. (4) The Commissioner shall be entitled to attend the meetings of all other statutory bodies of the State Council.
5. (5) The Commissioner shall, subject to the control of the Chairperson of the State Council, be the Executive officer of the State Council.
6. (6) The Commissioner shall exercise such other powers and perform such other duties as may be prescribed.

1. (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. (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. (3) The Deputy Commissioners, Assistant Commissioners and Evaluation Officers and other Officers shall perform such duties and shall exercise such powers and authority as directed by the Commissioner.

1. (1) The State Council may, with the approval of the Government, appoint such other officers and employees, as it considers necessary for the efficient performance of its functions and the functions of the Regional Councils under this Act.
2. (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.