Chapter III POWERS AND DUTIES OF THE STATE COUNCIL

Subject to the provisions of this Act, the powers and duties of the State Council shall be as follows :- (а) to advise the Government on matters of policy relating to scholastic, professional examinations or certain other examinations entrusted to it, from time to time;

1. (b) to lay down guiding principles for determining curricula and syllabi and also to prepare detailed syllabi for all areas in which examinations are conducted by the State Council;
2. (c) to prescribe standard requirements in respect of staff, building, furniture, equipment, stationery and other things required for proper imparting of education and training in the institutes where the course content is designated and prescribed by the State Council;
3. (d) to prescribe, if necessary, any books as text-books or cause to be prepared books and prescribe them as text-books for all concerned courses;
4. (e) to prescribe the general conditions governing admission of candidates to the various examinations, and to specify the conditions regarding attendance and character, on the fulfilment of which a candidate shall have a right to be admitted to and to appear at examinations;
5. (f) to conduct examinations and to award certificates to the candidates passing the various examinations;
6. (g) to institute and award scholarships, stipends, medals, prizes and other rewards, and to prescribe conditions therefor;
7. (h) to receive bequests, donations, endowments, trusts and other transfer of any property, or interest therein, or rights thereto;
   • (i) to hold any property, interest or right referred to in clause (h) above, and to manage and deal with the same;
8. (j) to prescribe, demand and receive fees from institutions, individuals recognised or allowed to appear for examinations by the State Council;
9. (k) to call for special reports and information from the Director of Education or his office or other offices of Education Department and any information from institutes, affiliated to the Council to ensure maintenance of academic standards in these institutions;
10. (l) to appoint officers and employees of the State Council [other than the Maharashtra Education Service, Group A and Group B (Administrative Branch)] in its office and in the office of the Regional Councils;
11. (m) to constitute provident fund for the benefit of staff of the Council;
12. (n) to approve the annual financial statements pertaining to the State Council and Regional Council and to forward the same to the Government for information;
13. (o) to conduct statistical and other research for the purpose of evaluation and reform of the curricula, instruction and examination system;
14. (p) to appoint such committees as it may think necessary for the efficient discharge of its functions under this Act;
15. (q) to make regulations for the purpose of carrying into effect the provisions of this Act;
16. (r) to make bye-laws relating to matters such as procedure to be followed by the State Council, Regional Councils, their Committees and any other matter solely concerning the State Council, Regional Councils and their Committees;
17. (s) to exercise such other powers and perform such other duties as may be conferred or imposed on it by or under this Act;
18. (t) to do all such acts and things as may be necessary to carry out the purposes of this Act;
19. (u) to accord affiliation to the institutions desirous of sending students to one or more examinations conducted by the Council, provided the institutions comply with the "condition for according affiliation" prescribed by regulations.

1. (2) It shall be lawful for the Council to conduct the examinations on the request of any authority on contract basis on the terms and conditions approved by the Council.
2. (3) The services of the Regional Deputy Directors of Education, Education Officer or Educational Inspectors, Block Education Officers, other concerned officers of the Government and their employees shall be available to the Council to assist the Council for conducting the examinations and other ancillary work connected with such examinations.

1. (1) It shall be the duty of the Chairperson of the State Council and each of Regional Council to ensure that the provisions of this Act and the regulations and bye-laws made thereunder are faithfully observed, and he shall have all powers necessary for this purpose.
2. (2) It shall be the duty of the Chairperson of the Council to preside over the meetings of the Council and its Statutory Committees (excluding the Examinations Committee).
3. (3) In an emergency which, in the opinion of the Chairperson of the State Council or a Regional Council, requires that immediate action should be taken, the Chairperson shall take such action as deem necessary and shall thereafter report this action taken to the Council at its next meeting.
4. (4) Each Chairperson shall exercise such other powers and perform such other duties, as may be prescribed.

Subject to the provisions of this Act, the powers and duties of a Regional Council shall be as follows, namely :-

1. (a) to advise the State Council on matters of regional importance, either referred to it or on its own initiative, for the purpose of implementation of recommendations of State Council regarding standard requirements in the recognised and affiliated institutions;
2. (b) to demand and receive such fees as may be prescribed for candidates admitted to the examination;
3. (c) to conduct in the area of its jurisdiction the final examination on behalf of the State Council;
4. (d) to appoint examiners, moderators, supervisors and other necessary personnel for conducting the examination in the area of its jurisdiction for evaluation of candidates performance and for compiling and release of results, in accordance with such instructions as the State Council may, from time to time, issue;
5. (e) to admit candidates for examinations according to the regulations made by the State Council in this behalf;
6. (f) to open centres within its jurisdiction for the examination conducted by it;
7. (g) to declare results of the candidates appearing at the examination conducted by it as directed by the State Council in this regard;
8. (h) to forward list of candidates according to the merit to the State Council for the purpose of award of scholarship, stipend, medals, prizes and other rewards;
   • (i) to deal with the cases of unfair means according to the procedure laid down by the State Council;
9. (j) to generally evaluate the performance of the candidates appearing for the examinations and to make necessary recommendations to the State Council in this regard;
10. (k) to grant recognition to the institutions under its jurisdiction and to withdraw the same in the prescribed manner;
11. (l) to call for any information from any affiliated and recognised institution to maintain the academic standards and call for special information or report on being referred to by the State Council or its own initiative from the Regional Deputy Director of Education or any other Educational Functionaries in cases of poor academic fairing or with the intentions to improve the same.
12. (m) to forward with the remarks, the recommendations of its committees to the State Council for necessary action;
13. (n) to require institutions recognised by it or the Education Department to extend their co-operation in conduct of the examinations and to withdraw or cause to withdraw the privileges of the Council or the Education Department from any such institution which does not co-operate without any acceptable and tenable reasons after giving such institution a reasonable opportunity of showing cause why such order should not be made;
14. (o) to conduct such correspondence and other non-formal courses leading to the examination as the State Council may specify from time to time;
15. (p) to exercise such powers as may by delegated to it by the State Council.

1. (1) The Government shall have the power,after considering the advice, if any, tendered by the State Council, to issue to that Council or a Regional Council such directions as it may consider necessary in regard to all or any of the matters specified in clause (a) of sub-section (1) of section 23. The Council concerned shall comply with such directions.
2. (2) The Government shall also have right to address to the State Council or a Regional Council with reference to anything it has conducted or done or is conducting or doing or intends to conduct or do and to communicate to the Council concerned its views in the matter.
3. (3) The Council concerned shall report to the Government such action, if any, as it proposes to take or has taken upon receipt the communication, under sub-section (2) and shall furnish an explanation if it fails to take appropriate action.
4. (4) If such Council fails, within a reasonable time to take action to the satisfaction of the Government, the Government after considering the representation or explanation furnished, issue directions which should be complied by the Council.
5. (5) In an emergency which, in the opinion of the Government, requires that, immediate action should be taken, the Government may take such action, consistent with this Act, as it deems necessary without previous consultation with the Council concerned and shall forthwith inform it of the action taken.
6. (6) The Government may by order in writing, specifying the reasons thereof suspend the execution of any resolution or order of any Council and prohibit the doing of the action ordered or purporting to be ordered to be done by such Council if the Government is of the opinion that such resolution, order or act is in excess of the powers conferred by or under the Act upon such Council.