Act

(THE MADHYA PRADESH SECONDARY EDUCATION ACT,1965)
THE MADHYA PRADESH MADHYAMIK SHIKSHA ADHINIYAM,1965

CHAPTER IV-MISCELLANEOUS
 
Constitution of Committees etc.
 

24. The Board may from amongst its members and officers and other persons constitute such committees as may be prescribed by Regulation, to aid and advise the Board and the Executive Committee in discharge of their functions and in particular may constitute the following committees:-
 (1) Curriculum Committee;
 (2) Committees of Courses;
 (3) Examination Committee;
 (4) Finance Committee;
 (5) Recognition Committee,

(2) Every such committee shall consist of such members of the Board and of such other persons as may be prescribed by the regulations.

(3)[omitted]

(4) Members of such Committees shall hold office during such time as the Board which appointed them specifies from time to time. Provided that if the term of the Board appointing such Committees expires before the term so specified the Committees shall hold office till new Committees are appointed by the successor Board.

(5) [omitted]
Exercise of powers delegated by Board to Committees, etc.

25. All matters relating to the exercise by the Board of Powers conferred upon it by this Act which have, by regulations been delegated by the Board to any Committee constituted under section 24 shall stand referred to that committee and the board before exercising any such powers shall receive and consider the report of the committee with respect to the matter in question: Provided that where in the opinion of the Board immediate action is necessary with respect to any matter, it may proceed to deal with it without the report of the Committee in respect there of and such orders thereon an it considers necessary. Proceedings not invalidate by reason of vacancies.

26. Subject to the provision of this Act or any rules, regulations or bylaws made there under, no act or proceeding of the Board , the Executive Committee or of a Committee constituted under section 24 shall be invalid be invalid merely by reason of the existence of a vacancy amongst the members of the Board or such Committee.
 

Power to make rules.

27 (1) The State Government may ,make rules for carrying out all or any of the purposes of this Act .
(2) All rules made under sub-section (1) shall be laid on the table of the Legislative Assembly .

Power of Board to make regulations.
 

28.(1) The Board may make regulation not inconsistent with the Provisions of this Act or the rules made thereunder for the purpose of carrying into effect the provisions of this Act.

(2) In particular and without prejudice to the generality of the foregoing power, the Board
may make regulations providing for all or any of the following matters , namely –

(a) [omitted]
(b) the constitution, powers and duties of committees constituted under section 24 ;
(bb) the imposition of penalty on candidates using unfair means or interfering the examination conducted by the Board;
(c) The award of diplomas or certificates;
(d) the conditions of recognition of institutions for purposes of admission to the privileges of the Board, the qualification and of service of teachers and framing of a school code to ensure a minimum standard of efficient and framing of a School Code to ensure a minimum standard of efficient and uniform management of such institutions;
(e) the courses of study to be laid down for all diplomas of certificates;
(f) the conditions under which candidates shall be admitted to the examinations of the Board and shall be eligible for diplomas or certificates,;
(g) the fees for admission to the examination of the Board ;
(h) the conduct of examinations;
(i) the appointment of examiners and their duties and powers in relation to the Board’s Examinations;
(j) the admission of institutions to the privileges of recognition and the withdrawal of recognition;
(k) the appointment of officers, clerks and others servants of the Board and the conditions of  their service;
(l) the constitution of Provident Fund for the benefit of the officers ,clerks and other servants
employed by the Board.
(m) the control, administration, safe custody and management in all respects of the finances of  the Board; and
(n) all matters which by this Act are to be or may be provided for by regulations.

(3) The regulations made under this section shall be subject to the condition of previous publication in the manner set forth in section 24 of the Madhya Pradesh General Clauses Act,1957 (3 of 1958), and shall not take effect until they have been sanctioned by the State Government and published in the Gazette.

(4) When the final draft of the regulations is submitted by the Board to the State Government
for sanction under sub-section (3), the State Government shall within a period of three months from the date of submission of such draft communicate to the Board either its sanction or refusal to the draft or may suggest such modifications therein as may be deemed necessary in the draft. If the State Government fails to take any action, the final draft as submitted by Board shall be deemed to have been sanctioned by the State Government and shall be published in the Gazette accordingly .

(29) [omitted]

CHAPTER V- REPEAL,ETC.

Repeal and Saving

30. (1) As from the date specified for the establishment of the Board under sub-section (1) of Section 3, the following consequences shall ensure, namely :-

(a) the Madhya Pradesh Secondary Education Act, 1959 (10 of 1959), shall stand repealed;
(b) the Board of Secondary Education existing immediately before the date aforesaid shall cease to exist;
(c) all assets and liabilities of the Board referred to in clause (b) shall vest in the Board established under Section 3;
(d) all employees belonging to or under the control of the Board referred to in clause (b) immediately the employees of the Board established under Section 3; Provided that the terms and conditions of service of such employees shall not, until altered by a competent authority ,be less favorable than those admissible to them while in service of the Board established under Section 3.
(e) all records and papers belonging to the Board referred to in clause (b) shall vest in and be
transferred to the Board established under Section 3.

(2) Notwithstanding the repeal of the Madhya Pradesh Secondary Education Act, 1959 (10
of 1959), things done or omitted to be done and action taken by any authority by or under the
provision of the said Act shall, in so far as they are not inconsistent with the provisions of this Act, be deemed to have been done or taken under this Act.

Transitory Provisions

31. Notwithstanding anything contained in this Act, the Executive Committee constituted under Act repealed under Section 30 shall continue to function till such time as the Executive Committee is constituted in accordance with the provisions of  Section-19.

Power to remove difficulty.

 32. If any doubt or difficulty arises in giving effect to the provisions of this Act, the State Government may, by order, make such provisions, not inconsistent with the purposes of this Act, as appear to them to be necessary or expedient for removing the doubt or difficulty.