Bare Acts

CHAPTER V MISCELLANEOUS


13. Members, officers and employees of public examination authority to be public
servants.—The Chairperson, Members, officers and other employees of the public examination
authority shall be deemed, when acting or purporting to act in pursuance of any of the provisions of
this Act, to be public servants within the meaning of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023):
Provided that until the Bharatiya Nyaya Sanhita, 2023 (45 of 2023) is brought into force, the
provisions of the Indian Penal Code (45 of 1860), shall be applicable in place of the said Act.
14. Protection of action taken in good faith by any public servant.—No suit, prosecution or
other legal proceedings under this Act, shall lie against any public servant, in respect of anything
which is done in good faith or intended to be done in the discharge of his official functions or in
exercise of his powers:
Provided that the public servants in the service of any public examination authority shall be
subject to administrative action in terms of service rules of such public examination authority:
Provided further that nothing shall prevent proceeding against such public servants where, prima
facie case exists for establishing commission of an offence under this Act.
15. Provisions of this Act to be in addition to other laws.—The provisions of this Act shall be
in addition to, and not in derogation of, any other law for the time being in force:
Provided that the provisions of this Act shall have effect notwithstanding anything inconsistent
therewith contained in any other law for the time being in force or any instrument having effect by
virtue of any such law in force.
16. Power to make rules.—(1) The Central Government may, by notification in the Official
Gazette, make rules to carry out the provisions of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may
provide for all or any of the following matters, namely:––
(a) to lay down procedures, processes and activities for being adopted for conduct of the
public examination;
(b) any other matter which is to be or may be prescribed.
17. Laying of rules.—Every rule made under this Act shall be laid, as soon as may be after it is
made, before each House of Parliament, 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, immediately following the session or the successive sessions aforesaid, both Houses agree
in making any modification in the rule, or both Houses agree that the rule should not be made, the rule
shall, thereafter 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 under that rule.
18. Power to remove difficulties.—(1) If any difficulty arises in giving effect to the provisions of
this Act, the Central Government may, by order, published in the Official Gazette, make such
provisions within three years, not inconsistent with the provisions of this Act, as appear to it to be
necessary for removal of difficulty.
(2) Every order made under this section shall be laid, as soon as may be after it is made, before
each House of Parliament.

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