Chapter V MISCELLANEOUS PROVISIONS

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

1. (1) The State Council may make regulations with the previous sanction of the Government 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 Committees, appointed under section 18;
   • (b) the subject and curricula for the examinations;
   • (c) the general conditions governing the admission of candidates, for the examinations and any particulars regarding fees, 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 examination and other fees and charges payable in respect of other matters connected with these examinations;
   • (f) the arrangements for conduct of examinations and publication of results;
   • (g) the appointment of Examiners, Moderators, Chief Moderators, paper setters, Translators, Centre Conductors and their powers and duties in relation to the examinations and their remuneration;
   • (h) the qualifications and disqualifications of Examiners, Moderators, Chief Moderators, paper-setters, Translators, Centre Conductors, etc.;
     • (i) the award of certificates;
   • (j) the appointment of officers and employees of the State Council in its own office and in the office of the Regional Council and the conditions of their service;
   • (k) the constitution of Provident Fund for the benefit of the said officers and employees of the Council;
   • (l) the control, administration, safe custody and management in all respects of the finances of the Council;
   • (m) the date before which and manner in which the State Council shall prepare its budget estimates;
   • (n) the compensatory allowances which may be drawn by the members of the Council and the Committees appointed by them;
   • (o) any other matter which is to be or may be prescribed under this Act.

1. (1) Notwithstanding anything contained in section 37, the first regulations shall be made by the Government 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 37 or that any regulations referred to in sub-section (1) or made by the State Council under section 37 need to be modified or repealed either wholly or in part, the Government may, after consultation with the State Council and by notification in the Official Gazette, make such regulations; or modify or repeal any such regulations, either wholly 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.

The State Council may make bye-laws consistent with this Act and regulations made thereunder to provide for any of the following matters :-

1. (a) the procedure to be followed at the meeting of the State Council and Regional Councils and the Committees appointed by any of them and the number of members required to form a quorum at such meeting; (b)any other matter solely concerning the Councils and their 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 and shall be so referred to the Government, if not less than three members of a Council so require. The decision of the Government shall be final.

1. (1) All benefactions accepted or received by the Bureau and held by it immediately before the appointed day shall be deemed to have been accepted, received or held by the State Council under this Act and all conditions on which such benefactions were accepted, received or held shall be deemed to be valid under this Act, notwithstanding that such conditions are inconsistent with the provisions of this Act.
2. (2) Any will, deed or other document made before the appointed day which contains any bequest, gift, terms or trust in favour of the Bureau shall on and from the appointed day, be construed as if the State Council is named therein instead of the Bureau.
3. (3) All institutions recognised and admitted to the privileges of the Bureau immediately before the appointed day shall be deemed to be recognised and admitted to the privileges of the corresponding Council established under this Act, save in so far as such recognition or privilege may be withdrawn, restricted or modified by or under the provisions of this Act.
4. (4) All debts, liabilities and obligations incurred before the appointed day and lawfully subsisting against the Bureau shall be discharged and satisfied by the State Council.
5. (5) All reference to the Bureau in any enactment or other instruments issued under any enactment shall be construed as reference to the State Council.
6. (6) Every Committee of the Bureau shall be continued, but as soon as practicable within a period of six months from the date of the coming into force of this Act, be reconstituted in accordance with the provisions of the Act and the regulations made thereunder.
7. (7) The appointments of Examiners, Moderators, Paper Setters, Translators, Centre Conductors and other staff connected with the examinations or ancilliary work validly made and subsisting immediately before the commencement of this Act for the purposes of the Bureau, and such functionaries shall continue to hold office and discharge their duties and functions until fresh appointments are made under this Act for the purposes of the State Council.
8. (8) All notices, circulars and orders made or issued by the Bureau shall, 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.

No suit, prosecution or other legal proceedings shall lie against the Government, or the Council or the members or any officer or employees of the Government or of the Councils for anything which is in good faith done or purported or intended to be done in pursuance of this Act or any regulation or bye-laws.

The Chairperson, all members, officers and employees of the Council 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).

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 coming into force of this Act, by order 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.