LexThe UTTAR PRADESH BASIC EDUCATION ACT, 1972
Uttar Pradesh · state statute
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THE UTTAR PRADESH BASIC EDUCATION ACT, 19721
[U. P. Act No. 34 OF 1972]
Amended by
U. P. Act No. 21 of 1975
U. P. Act No. 05 of 1977
U. P. Act No. 12 of 1978
U. P. Act No. 18 of 2000
U. P. Act No. 02 of 2018
[Passed in Hindi by the Uttar Pradesh Legislati ve Assembly on
August 1, 1972 and by the Uttar Pradesh Legisla tive Council on August
4, 1972.
Received the assent of the Governor on August 17, 1972, under
Article 200 of the Constitution of India and was published in the Uttar
Pradesh Gazette Extraordinary, dated August 19, 1972.]
AN
ACT
to provide for the establishment of a Board of Basic Education and
for matters connected therewith
It is hereby enacted in the twenty -third year of the Republic of
India as follows :–
Short title
and extent
1. (1) This Act may be called the Uttar Pradesh Basic Education
Act, 1972.
(2) It extends to the whole of Uttar Pradesh.
Definitions 2. 2(1) In this Act unless the context otherwise requires—
(a) “appointed day” means the date on which the Board is
established ;
(b) “basic education” means education up to the eight class
imparted in schools other than High Schools or Intermediate
Colleges, and the expression “basic schools” shall be construed
accordingly ;
(c) “Board” means the Uttar Pradesh Board of Basic
Education constituted under section 3;
(d) “Director” and “District Basic Education Officers” means
officers appointed by the State Government as the [Director of
Education],3 Uttar Pradesh and District Basic Education Officers
respectively ;
[(d-1) ‘‘Junior Basic School’’ means a basic school in which
education is imparted upto class fifth.
(d-2) ‘‘Junior High School’’ means a basic school in which
education is imparted to boys or girls or to both from class sixth
to class eighth.]4
——————————————————————————————————————————
1. For statement of objects and Reasons see Uttar Pradesh Gazette Extraordinary dated July 28, 1972.
2. Renumbered by s. 2 of U.P. Act No. 18 of 2000.
3. Subs. by s. 15 of U. P. Act No. 21 of 1975.
4. Ins. by s. 2 of U.P. Act No. 2 of 2018.
[The Uttar Pradesh Basic Education Act, 1972]
2
(e) “Local body” means the [Zila Panchayat or Municipality]1,
as the case may be.
[(f) ‘‘Municipality’’ means a Nagar Panchayat, Municipal
Council or Municipal Corporation, as the case maybe.]2
[(2) Words and expressions used in this Act but not defined shall
have the meaning assigned to them in the United Provinces Panchayat
Raj Act, 1947, the Uttar Pradesh Municipalities Act, 1916 or the Utt ar
Pradesh Municipal Corporation Act, 1959, as the case may be.] 3
Constitution
of the Board.
3. (1) With effect from such date as the State Government may,
by notification 4 in the Gazette appoint, there shall be established a
Board to be known as the Uttar Pradesh Board of Basic Education.
(2) The Board shall be a body corporate having perpetual
succession and a common seal, with power, subject to the provisions of
this Act, to acquire and to hold property and may by its name sue and
be sued.
(3) The Board shall consist of the following members, namely—
(a) the Director, ex officio, who shall be the Chairman ;
(b) two persons to be nominated by the State Government
from amongst the Adhyaksha s, if any, of [Zila Panchayats
established under secti on 17 of the Uttar Pradesh Kshettra
Panchayats and Zila Panchayats Adhiniyam, 1961]5 ;
(c) one person to be nominated by the State Government
from amongst the Nagar Pramukhs, if any, of the [Corporations
constituted under section 9 of the Uttar Pradesh Mun icipal
Corporation Act, 1959]6 ;
(d) one person to be nominated by the State Government
from amongst the Presidents, if any, of the [Municipal Council
and Nagar Panchayats established under the Uttar Pradesh
Municipalities Act, 1916]7 ;
(e) the Secretar y to the State Government in the Finance
Department, ex officio ;
(f) the Principal, State Institute of Education, ex officio ;
[(f-1) the Secretary, Board of High School and Intermediate
Education Allahabad, ex officio ;
(f-2) the President of the Uttar P radesh Prathmik Shiksha k
Sangh, ex officio ;]8
(g) two educationist to be nominated by the State
Government ;
(h) an officer not below the rank of Deputy Director of
Education, to be nominated by the State Government, who shall
be the Member-Secretary.
——————————————————————————————————————————
1. Subs. by s. 2(a) of U.P. Act No. 18 of 2000.
2. Ins. by s. 2(2) of U.P. Act No. 18 of 2000.
3. Ins. by s. 2 (b) of U.P. Act No. 18 of 2000.
4. A board is to be known as the Uttar Pradesh Board of Basic Education s ince July 25, 1972, as a date
appointed by the State Government vide no. 6088/15-(5) 72-150-72 dated July 25, 1972.
5. Subs. by s. 3(a) of U.P. Act No. 18 of 2000.
6. Subs. by s. 3(b) of U.P. Act No. 18 of 2000.
7. Subs. by s. 3 ( c ) of U.P. Act No. 18 of 2000.
8. Ins. by sect 16 of U. P. Act No. 21 of 1975.
[The Uttar Pradesh Basic Education Act, 1972]
3
(4) An officer referred to in clause (e) of sub -section (3) may
instead of attending a meeting of the Board himself depute an officer of
his depa rtment not below the rank of Deputy Secretary to the State
Government to attend the meeting. The officer so deputed shall have the
right to speak in and otherwise to take part in the proceedings of the
meeting and shall also have the right to vote.
(5) The members of the Board other than ex officio members shall
ordinarily be entitled to hold office for the period specified in the order of
appointment, unless the appointment is terminated e arlier by the State
Government :
Provided that any member, other than an ex officio member, may
at any time by notice in writing addressed to the State Government
resign his office.
(6) During any vacancy in the membership of the Board the
continuing members may act as if no vacancy had occurred.
(7) No act or proceeding of the Board shall be deemed to be
invalid by reason merely of any vacancy in or any defect in the
constitution of the Board.
Function of
the Board
4. (1) Subject to the provisions of this Act it shall be the function
of the Board to organiz e, co-ordinate and control the imparting of basic
education and teacher’s training therefor e in the State, to raise its
standards and to correlate it with the system of education as a whole in
the State.
(2) Without prejudice to the generality of the provi sions of sub -
section (1), the Board shall, in particular, have power—
(a) to prescribe the courses of instruction and books for
basic education and teachers’ training there for ;
(b) to conduct the junior high school and basic training
certificate examinat ions and such other examinations as the
State Government may from time to time by general or special
order assign to it and to grant diplomas or certificates to
candidates successful at such examinations ;
[(c) to lay down, by general or special orders i n that behalf,
norms relating to the establishment of institutions by the
[the Gaon Shiksha Samitis, or Municipalities and to superintend
Gaon Shiksha Samitis, Gram Panchayats and Municipalities] 1 in
respect of the administration of institutions, for impa rting
instruction and preparing candidates for admission to
examinations conducted by the Board ;]2
[(cc) to take over the management of all basic schools, which
before the appointed day, belonged to any local body :]3
[Provided that the courses of instruc tion and books
prescribed and institutions recognized before the commencement
of this Act shall be deemed to be prescribed or recognized by the
Board under this Act;] 4
(d) to exercise supervision and control over basic schools,
[District Institute or Educ ation and Training] 5 basic training
certificate units and the State Institute of Education;
——————————————————————————————————————————
1. Subs. by s. 4(a) of U.P. Act No. 18 of 2000.
2. Subs. by s. 17 (1) of U. P. Act no. 21 of 1975.
3. Ins. by sect 26 (a-1) of U. P. Act no. 5 of 1977.
4. Ins. and be deemed always to have been inserted by sect. 26 (a-ii) ibid.
5. Subs. by s. 4(b) of U.P. Act No. 18 of 2000.
[The Uttar Pradesh Basic Education Act, 1972]
4
[(e) to accord approval (with or without modification) to
the schemes prepared by [Gaon Shiksha Samitis, Zila
Panchayats or Municipalities ]1 for the development, expansion
and improvement of and research i n basic education in any
district or in the State or in any part thereof ; ]2
(f) to acquire, hold and dispose of any property, whether
movable, or immovable [* * *]3 ;
(g) to receive grants, subventions and loans from the State
Government ;
[(g-1) subject to the general control of the State Govern -
ment to issue directions not inconsistent with this Act, to Gaon
Shiksha Samitis, Gram Panchayats, Zila Panchayats or
Municipalities in the performance of their functions under
this Act ;] 4
Conduct of
business of
the Board
[ * * * ] 5
(h) to take all such steps as may be necessary or
convenient for, or may be incidental to, the exercise of any
power, or the discharge of any function or duty conferred or
imposed on it by this Act.
[(3) for t he purposes of exercising powers of management,
supervision and control over the basic schools under clause (cc) or
clause (d) of sub-section (2), which before the appointed day belonged to
a local body, the powers and functions of a local body in respect of such
schools shall stand transferred to the Board.]6
5. (1) The business of the Board and of each [* * *]7 Gaon Shiksha
Samiti referred to in section 11 shall be conducted in accordance with
such regulation s as the Board may, with the previous approval of the
State Government, make in that behalf.
(2) In particular, and without prejudice to the generality of the
foregoing power such regulations m ay provide for all or any of the
following matters, namely :
(a) the summoning and holding of meetings of the Board or
of [the Samiti] 8 referred to in sub -section (1). The conduct of
business at such meetings and the number of members necessary
to form a quorum thereat ;
(b) the powers and duties of the Chairman and of the
Secretary and other officers of the Board ;
(c) [ * * * ] 9
(d) the procedure for carrying out the function of the Board
or of [the Samiti]10 as aforesaid under this Act ;
(e) the management of the schools and other institutions
held by or under the control of the Board.
——————————————————————————————————————————
1. Subs. by s. 4(c) of U.P. Act No. 18 of 2000.
2. Subs. by s. 17 (2) of U.P. Act No. 21 of 1975.
3. Omitted by s. 4(d) of U.P. Act No. 18 of 2000.
4. Subs. by s. 4(e) of U.P. Act No. 18 of 2000.
5. Omitted by s. 4(f) of U.P. Act No. 18 of 2000.
6. Ins. and be deemed always to have been inserted by sect. 26 (b) of U.P. Act No. 5 of 1977.
7. Omitted by s. 5(a) of U.P. Act No. 18 of 2000.
8. Subs. by s. 5(b) of U.P. Act No. 18 of 2000.
9. Omitted by s. 23 of U. P. Act no. 12 of 1978.
10. Subs. by s. 5(b) of U.P. Act No. 18 of 2000.
[The Uttar Pradesh Basic Education Act, 1972]
5
(3) Until any regulation is made by the Board under sub-section (1),
any regulation which may be made under that sub -section may be made
by the State Government, and any regulation so made may be altered or
rescinded by the Board in exercise of its powers under sub-section (1).
Officers and
other
employees of
the Board
6. (1) For the purpose of enabling it efficiently to dis charge its
functions under this Act the Board may appoint such number of
officers, teachers and other employees as it may, with the previous
approval of the State Government think fit.
(2) [ * * *]1
(3) [ * * * ]2
Fund of the
Board
7. (1) The Board sh all have its own fund, and all receipts of the
Board shall be carried thereto and all payments for the Board shall be
made therefrom.
Account and
Audits
(2) Subject to any general or special order of the State
Government, the Board shall have the power, subject to the provisions
of this act, to spend such sum as it may think fit on objects or for
purposes authorized by this Act.
8. (1) The Board shall maintain proper accounts and other
relevant records and prepare an annual statement of accounts i n such
form as the state Government may by general or special order specify.
(2) The Board shall prepare an annual financial statement
(budget) and submit it to the State Government for its approval.
(3) The accounts of the Board shall be audited by such authority
as the State Government may by general or special order specify.
(4) The accounts of the Board as certified by the audit authority
together with the audit report thereon shall be forwarded annually to the
State Government.
Transfer of
employees
9. (1) On and from the appointed day every teacher, officer and
other employees serving under a local body exclusively in connection
with basic schools (including any supervisory or inspecting staff)
immediately before the said day shall be transferred to and become a
teacher, officer or other employee of the Board and shall hold office by
the same tenure, at the same remuneration and upon the same other
terms and conditions of service as he would have held the same if the
Board had not been constituted and shall continue to do so unless and
until such tenure, remuneration and other terms and c onditions are
duly altered by rules made by the State Government in that behalf:]3
Provided that any service rendered under the local body by any
such teacher, officer or other employee before the appointed day shall be
deemed to be service rendered under the Board:
Provided further that the Board may employ any such teacher,
officer or other employee in the discharge of such functions under this
Act as it may t hink proper and every such teacher, officer or other
employee shall discharge those functions accordingly.
(2) Nothing in sub-section (1) shall apply to any teacher, officer or
other employee, who by notice in writing in that behalf to the State
Government within a period of two months from the appointed day
intimates his option for not becoming an employee of the Board, and where
any employee gives, such notice his service under the local body shall
stand determined with effect from the appointed day and he shall be
entitled to compensation from the local body, which shall be as follows :
——————————————————————————————————————————
1. Omitted by s. 24 of U.P. Act No. 12 of 1978.
2. Omitted by s. 18 of U.P. Act No. 21 of 1975.
3. Subs. by sec. 25 (a) of U.P. Act No. 12 of 1978.
[The Uttar Pradesh Basic Education Act, 1972]
6
(a) in the case of a permanent employee, a sum equivalent to his
salary (including all allowances) for a period of three months or for
the remaining period of his service, whichever is less ;
(b) in the case of a temporary employee, a sum equivalent to
his salary (including all allowances) for one month or for the
remaining period of his service, whichever is less.
(3) Notwithsta nding anything in sub -section (1) any person
referred to therein, who becomes an employee of the Board shall be
liable to be transferred from the school or from the local area in which
he was employed immediately before the appointed day to any other
school or institution belonging to Board or, as the case may be, to any
other local area [until such tenure, remuneration and other terms and
conditions are altered by the rules referred to in sub-section (i):1
Provided that no teachers of a basic school [whi ch before the
appointed day belonged to a local body] 2 shall be transferred to basic
school belonging to any other local body except with his consent.
(4) If any question arises whether the services of any person
stand transferred to the Board under sub -section (1) or as to the
remuneration and other terms and conditions of service of such
employee immediately before the appointed day, it shall be decided by
the State Government whose decision shall be final.
(5) Any provident fund maintained by any loca l body for the
employees referred to in sub -section (1) along with all contributions of
such employees as well as of the local body which ought to have been
but have not been deposited therein before the appointed day, shall be
transferred by the local bod y to the Board, which shall hold it in trust
for the employees concerned in accordance with the terms and
conditions governing such fund.
(6) The transfer of services of any employee to the Board under
sub-section (1) shall not entitle any such employee to any compensation
and no such claim shall be entertained by any court, tribunal or
authority.
Control of
teacher and
properties of
basic school
[9-A(1) Notwithstanding anything contained to the contrary in
any other provisions of this Act, on and from t he date of commencement
of the Uttar Pradesh Basic Education (Amendment) Act, 2000]3,–
(a) every teacher of the basic school serving under the Board
immediately before such commencement shall be under the
administrative control of the Gram Panchayat or t he
Municipality, as the case may be, within whose territorial limits
the basic school, is situated;
(b) all buildings, properties and assets of the Board in
respect of a basic School shall stand transferred to, and vest in,
the Gram Panchayat or the Muni cipality, as the case may be,
within whose territorial limits the basic school is situated;
(c) where any building or part thereof is occupied as a tenant
by the Board for the purpose of a basic school immediately before
such commencement, the tenancy i n respect of such building or
part thereof shall, notwithstanding anything contained in any
contract, lease or other instrument, stand transferred in favour
of the Gram Panchayat, or the Municipality, as the case may be;
——————————————————————————————————————————
1. Ins. by Sec. 25 of U. P. Act no. 12 of 1978.
2. Ins. by Sec. 25 of U. P. Act no. 5 of 1977.
3. Ins. by Sec. 6 of U. P. Act no. 18 of 2000.
[The Uttar Pradesh Basic Education Act, 1972]
7
(d) the Board shall cease to be the licensee in respect of the
building or part thereof referred to in sub -section (2) of section
18-A and the Gram Panchayat or the Municipality, as the case
may be, within whose territorial limits such building is situated,
shall, if it is not already owner thereof, be deemed to have
become licensee in respect of such building or part thereof on
such terms and conditions as may be determined by the State
Government.
(2) No Gram Panchayat or Municipality shall have power to
transfer by sale, gift, exchange, mortgage, lease or otherwise an y
buildings, property or assets transferred to and vested in such Gram
Panchayat or Municipality, as the case may be, under sub-section (1).
Functions of
Zila
Panchayats
[10. Without prejudice to the powers and functions of Zila
Panchayats under the Uttar Pradesh Zila Panchayats and Kshettra
Panchayats Adhiniyam, 1961, every Zila Panchayat shall, subject to
superintendence and direction s of the Bo ard of the State Government
perform all or any of the following functions, namely :–
(a) to prepare schemes for the development, expansion and
improvement of basic schools in the rural areas of the district;
(b) to supervise generally in such manner as may be
prescribed the activities of Gram Panchayats in the district with
regard to basic education;
(c) to perform such other functions pertaining to basic
education as may be entrusted to it by the State Government.]1
Functions of
Municipalities
[10-A. Without prejudice to the powers and functions of
Municipalities under the Uttar Pradesh Municipal Corporati on Act,
1959 or the Uttar Pradesh Municipalities Act, 1916, as the case may be,
every Municipality shall, subject to superintendence and control of the
Board or the State Government, perform all or any of the following
functions, namely :–
(a) to establi sh, administer, control and manage basic
schools in the Municipal area;
(b) to take all such necessary steps as may be considered
necessary to ensure punctuality and attendance of teachers and
other employees of basic schools;
(c) to prepare schemes fo r the development, expansion and
improvement of such basic schools;
(d) to promote and develop basic education, non -formal
education and adult education in the Municipal area;
(e) to make recommendation for minor punishment in such
manner as may be pre scribed on a teacher or other employee of
a basic school situate within the limits of the municipal area.]2
Gaon Shiksha
Samiti and its
function
[11. (1) For each village or group of villages for which a Gram
Panchayat is established under the United Provinces Panchayat Raj Act,
1947, there shall be established a committee to be known as Gaon
Shiksha Samiti which shall consist of the following members, namely :–
(a) the Pradhan of the Gram Panchayat who shall be the
Chairman;
——————————————————————————————————————————
1. Subs. by s. 7 of U.P. Act No. 18 of 2000.
2. Subs. by s. 7 ibid.
[The Uttar Pradesh Basic Education Act, 1972]
8
(b) three guardians of stude nts of basic schools (of whom
one guardian must be a woman) to be nominated by the
Assistant Basic Education Officer;
(c) the head master of the basic school situated in the
Gram Panchayat and if there are more than one such schools,
the senior most of t he head masters thereof, who shall be the
Member-Secretary;
(2) except as otherwise provided in any other provisions of this
Act and subject to the supervision and control of the Gram Panchayat,
the Gaon Shiksha Samiti shall p erform the following functio ns,
namely:–
(a) to establish, administer, control and manage basic
schools in the panchayat area;
(b) to prepare schemes for the development, expansion and
improvement of such basic schools;
(c) to promote and develop basic education, non -formal
education and audit education in the panchayat area;
(d) to make suggestions to the Zila Panchayat for the
improvement of basic schools, buildings and the equipment
thereof;
(e) to take all such necessary steps as may be considered
necessary to ensure pun ctuality and attendance of teachers and
other employees of basic schools;
(f) to make recommendation for minor punishment in such
manner as may be prescribed on a teacher or other employee of
a basic school situate within limits of the panchayat area;
(g) such other functions pertaining to basic education as
may be entrusted to it by the State Government.]1
Control over
Basic Schools
12. (1) The Director may, from time to time, inspect or cause to
be inspected any basic school [ * * * * * ] 2, and also the records
and proceeding of the local body concerning or connected with the
discharge of the functions of the local body in respect of basic
education.
[(2) The Director may direct the management a basic school to
remove any defect or deficiency found on inspection or otherwise.
(3) If the management of basic school fails t o comply with any
direction made under clause sub -section (2), the Director may, after
considering the explanation or representation, if any, given or made by
the managemen t refer the case to the Board for withdrawal of
recognition of such school.
(4) On receipt of recommendation under sub-section (3) in respect
of any basic school, the Board may withdraw the recognition of that
school.]3
[ 12-A[* * *]4
——————————————————————————————————————————
1. Subs. by s.7 of U.P. Act No. 18 of 2000.
2. Del. by sec. 28 (I) of U. P. Act no. 5, 1977.
3. Subs. by sec. 28 (II) Ibid.
4. Omitted by s. 8 of U.P. Act No. 18 of 2000.
[The Uttar Pradesh Basic Education Act, 1972]
9
Control by the
State
Government
13. (1) The Board shall carry out such directions as may be
issued to it from time to time by the State Government for the efficient
administration of this Act.
(2) If in, or in connection with, the exercise of any of its powers
and discharge of any of the functions by the Board under this Act, any
dispute arises between the Board and the State Government, or
between the Board and any local body, th e decision of the State
Government on such dispute shall be final and binding on the Board
or the local body, as the case may be.
(3) The Board or any local body shall furnish to the State
Government such reports, returns and other information, as the Stat e
Government may from, time to time require for the purposes of this Act.
Overriding
effect
[13-A. Notwithstanding anything contained in the United
Provinces Panchayat Raj Act, 1947, the Uttar Pradesh Municipalities
Act, 1916 and the Uttar Pradesh Municipal Corporation Act, 1959, the
provisions of this Act shall have effect.]1
Power to
delegate
14. (1) The State Government may delegate any of its [powers,
except the power to make rules] 2 under this Act to the Director or to
any other officer or authori ty subordinate to it subject to such
conditions, if any, as may be specified.
(2) The Board may by general or special order direct that any
power exercisable by it under this Act, except the power to make
regulations may also be exercised by its Chairman or by such
Committee or officer, in such cases and subject to such conditions, if
any, as may be specified therein.
Protection of
acts done in
good faith
Bar of
jurisdiction of
Court
15. No suit, prosecution or other legal proceeding shall lie
against the State Government or the Board or any of its Committees or
any member of the Board or of a Committee or any other person in
respect of anything which is in good faith done or intended to be done
in pursuance of this Act or any order or direction made thereunder.
16. No order or decision made by the Board or any of its
Committees in exercise of the powers conferred by or under this Act
shall be called in question in any Court.
Power to
remove
difficulties
17. (1) If any difficulty arises in givi ng effect to the provisions
of this Act or by reason of anything contained in this Act the state
Government may, as occasion requires, by notification in the Gazette,
make such incidental or consequential provisions, including provisions
for adapting or mo difying any provisions of this Act or of any
enactment by or under which any local body is constituted but not
effecting the substance as it may think necessary or expedient for the
purposes of this Act.
(2) No order under sub -section (1 ) shall be made [ after the
expiration of the period of two years from the date of commencement of
the Uttar Pradesh Basic Education (Amendment) Act, 2000]3
(3) Every order made under sub -section (1) shall be laid, as
soon as may be, before both the Houses of the State Legislature.
[18. Provisions incorporated in the U. P. Kshettra Samitis and
Zila Parishads Adhiniyam, 1961, and U. P. Municipalities Act, 1916.] 4
——————————————————————————————————————————
1. Ins. by s. 9 of U.P. Act No. 18 of 2000.
2. Subs. by s. 10 of U.P. Act No. 18 of 2000.
3. Subs. by s. 11 of U.P. Act No. 18 of 2000.
4. See vide Not if. No. 24 26/ XVI—V-I—88-72, dated July 25, 1973.
[The Uttar Pradesh Basic Education Act, 1972]
10
Amendment of
Act relating to
Local Bodies
18. (1) With effect from the appointed day the enactments
mentioned in sub -sections (2) and (3) shall stand amended as
specified in the said sub-sections.
(2) In the U. P. Kshettra Samitis and Zila Parishads Adhiniyam,
1961. In section 43, in Sub -section (2), for the words “teachers and
any other” the words “such other” shall be sub stituted and in sub -
section (3), clause (a) shall be omitted, and in the proviso thereto for
the words “the Shiksha Chunao Samiti or Chunao Samitis, as the case
may be” the words “the Chunao Samiti” shall be substituted.
(3) In the U. P. Municipalities Act: 1916—
(a) in section 68, for sub -section (1) the following sub -
section shall be substituted, namely—
“(1) A board may and if so required by the State
Government shall by special resolution, appoint the principal
officers of its technical, such as Civi l Engineer, Assistant Civil
Engineer, Electrical Engineer, Assistant Electrical Engineer,
Waterworks Engineer, Assistant Waterworks Engineer,
Electrical and Waterworks Engineer, Assistant Electrical and
Waterworks Engineer or Overseer and also Secretary wh ere
there is already an Executive Officer.”
[(b) section 73 shall cease to apply in relation to Basic
schools.]1
(c) in Schedule 1 for the entry in Column (2) relating to
section 68 the following entry shall be substituted, namely :—
“To ap point Civil Engineer, Assistant Civil Engineer,
Electrical Engineer, Assistant Electrical Engineer, Waterworks
Engineer, Assistant Waterworks Engineer, Electrical and
Waterworks Engineer, Assistant Electrical and Waterworks
Engineer, qualified Overseer or Sub-overseer or Secretary.”
Board to
become tenant
in respect of
certain building
[18-A. (1) Where any building or part thereof was on the
appointed day occupied as tenant by any local body for the purpose of
any basic school, the tenancy in respect of s uch building or part shall,
with effect from the said day, stand transferred in favour of the Board.
(2) Where any building or part thereof belonging to a local body
was on the appointed day occupied by it for the purposes of any basic
school, the Board shall, with effect from the said day, be deemed to
have become licensee on behalf of the local body in respect of such
building or part on such terms and condition as the State Government
may be by general or special order determine.
(3) The provisions of this section shall have effect,
notwithstanding anything contained in any contract, lease or other
instrument, or any law for the time being in force.]2
Power to make
Rules
[19 (1). The State Government may, by notification, make
rules for carrying out the purposes of this Act.]3
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1. Subs. by sec. 30 of U.P. Act No. 5 of 1977.
2. Ins. and be deemed always to have been inserted by Sec. 31 of U. P. Act no. 5 of 1977.
3. Subs. by s. 26 of U.P. Act No. 12 of 1978.
[The Uttar Pradesh Basic Education Act, 1972]
11
(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) the recruitment, and the conditions of servi ce of
persons appointed to the posts of officers, teachers and other
employees under section 6 ;
(b) the tenure of service, remuneration and other terms
and conditions of service of officers, teachers and other
employees transferred to the Board under section 9 ;
(c) the recruitment, and the conditions of service of the
persons appointed, to the posts of teachers and other
employees of basic schools recognized by the Board ;
(d) any other matter for which insufficient provision exists
in the Act and provision in the rules, is considered by the State
Government to be necessary ;
(e) any other matter which is to be or may be prescribed.]1
Repeal of U. P.
Ordinance no.
14 of 1972.
20. The Uttar Pradesh Basic Education Ordinance, 1972 is
hereby repealed.
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1. Subs. by sec. 26 of U. P. Act no. 12 of 1978.