CHAPTER VII MISCELLANEOUS

54. Without prejudice  to  the  foregoing provisions of this  Act,  the  Authority shall,  in exercise of its powers or the performance of its  functions under  this  Act, be bound by such directions on question  of  policy, other  than those relating to technical and administrative matters, as  the Central Government may give in writing to it from time to time:

(1) Provided that the Authority shall, as far as is practicable, be given an opportunity to express its views before any direction is given under this sub-section.

(2)  The decision of the Central Government, whether a question is one of policy or not, shall be final.

55. (1) If,  at any time the Central Government is of the opinion—

(a)  that,  on  account  of circumstances beyond the control  of  the Authority,  it  is  unable to discharge the functions or  perform  the  duties imposed on it by or under the provisions of this Act;  or

(b)  that  the Authority has persistently defaulted in complying  with any direction given by the Central Government under this Act or in the discharge  of the functions or performance of the duties imposed on it by or under the provisions of this Act, and as a result of such default the  financial position of the Authority or the administration of  the Authority has suffered;  or

(c)  that circumstances exist which render it necessary in the  public interest so to do,

the Central Government may, by notification,  supersede the Authority  for  such period,  not  exceeding  six months,  as  may  be  specified  in  the notification  and  appoint a person or persons as the President may direct to exercise powers and discharge functions under this Act:

Provided  that  before  issuing  any such  notification,  the  Central Government  shall  give a reasonable opportunity to the  Authority  to make  representations  against  the proposed  supersession  and  shall consider the representations, if any, of the Authority.

(2)  Upon  the  publication of a notification  under  sub-section  (1) superseding the Authority—

(a)  the  Chairperson  and other members shall, as from  the  date  of supersession, vacate their offices as such;

(b)  all  the powers, functions and duties which may, by or under  the provisions  of this Act, be exercised or discharged by or on behalf of the  Authority  shall,  until  the Authority  is  reconstituted  under sub-section  (3),  be  exercised and discharged by the person or persons referred to in sub-section (1);  and

(c)  all properties owned or controlled by the Authority shall, until the Authority is reconstituted under sub-section (3), vest in the Central Government.

(3)  On  or  before  the  expiration of  the  period  of  supersession specified  in  the  notification  issued under  sub-section  (1),  the Central  Government  shall  reconstitute  the  Authority  by  a  fresh appointment  of its Chairperson and other members, and in such case any person  who had vacated his office under clause (a) of sub-section (2) shall not be deemed to be disqualified for reappointment.

(4)  The Central Government shall cause a copy of the notification issued under sub-section (1) and a full report of any action taken under this section and the circumstances leading to such action to be laid before each House of Parliament at the earliest.

56.   No civil court shall have jurisdiction in respect of any matter which the Appellate Tribunal is empowered by or under this Act to determine, and no injunction shall be granted by any court or other authority in respect of any action taken or to be taken in pursuance of any power conferred by or under this Act.

57. The Chairperson, Members, other officers and other employees of the 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 section 21 of the Indian Penal Code.

58. No suit, prosecution or other legal proceedings shall lie against the Central Government, the Authority, the Advisory Committee, the Disciplinary Committee and the Appellate Authority constituted under this Act or any officer of the Central Government, or any Member, and other officers or other employees of such Authority, Advisory Committee, Disciplinary Committee and Appellate  Tribunal or any other officer acting under this Act for anything which is in good faith done or intended to be done under this Act or the rules made there under.

59. (1) The Central Government may, by notification in the Official Gazette, make rules for carrying 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) Testing standards and related issues,

(b)  Committees,

(c) Databases

(d) any other matter which is required to be, or may be, specified by rules or in respect of which provision is to be made by rules.

60. (1) The Authority may, by notification, make regulations consistent with this Act and the rules made there under to carry out the purposes of this Act.

(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) Any other matter which is required to be, or may be, specified by regulations or in respect of which provision is to be made by regulations.

61.  Every rule and every regulation 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 regulation, or both Houses agree that the rule or regulation should not be made, the rule or regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be; however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or regulation.

62. (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 not inconsistent with the provisions of this Act as may appear to be necessary for removing the difficulty:

Provided that no order shall be made under this section after the expiry of two years from the date of commencement of this Act.

(2) Every order made under this section shall be laid, as soon as may be after it is made, before each House of Parliament.