The U.P Junior High Schools (Payment of Salaries of Teachers and other Employees) Act, 1978

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THE UTTAR PRADESH JUNIOR HIGH SCHOOLS (PAYMENT OF 
SALARIES OF TEACHERS AND OTHER EMPLOYEES) 
ACT, 19781 
[ U. P. ACT NO. 6 of 1979 ] 
Amended by 
U. P. Act No. 34 of 2000 
U. P. Act No. 03 of 2018 
[Passed in Hindi by the Ut tar Pradesh Legis lative Assembly 
on August 30, 1978  and by the Uttar Pradesh Legislative Council 
on November 8, 1978. 
Received the assent of the President on January 12 , 1979 
under Article 201 of the Constitution of India and was published in 
the Uttar Pra desh Gazette Extraor dinary, dated January 22, 
1979.] 
AN 
ACT 
to regulate the payment of salaries to teachers and other 
employees of Junior High Schools receiving aid out of the State 
funds and to provide for matters connected therewith.  
It is hereby en acted in the Twenty -ninth Year of the 
Republic of India as follows :—   
Short title, 
extend  and 
commencement 
1. (1) This Act may be called the Uttar Pradesh Junior High
Schools (Payment of Salaries of Teachers and other Employees) Act, 
1978. 
(2) It extends to the whole of the Uttar Pradesh. 
(3) It shall come into force on such date as the State 
Government may by notification2 appoint in this behalf.  
Definitions 2. In this Act, —
(a) “ appointed day ” means the date notified under sub -section 
(3) of section 1 ;  
(b) “ Education Officer ” means the District Basic Education 
Officer appointed under the Uttar Pradesh Basic Education Act, 1972 
and in relation to a girls’ institution, the District Basic Education 
Officer (Women), and in each case includes any  other officer authorized 
by the State Government to perform all or any of the functions of the 
Education Officer under this Act ;   
(c) “employee of an institution” means a non -teaching employee 
in respect of whose employment maintenance grant is paid b y the State 
Government to the institution ; 
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1. For Statement of Objects and Reasons see Uttar Pradesh Gazette Extraordinary, dated 16 May, 1978.
2. The Act has been enforced w.e.f. May 1, 1979 Vide notification No. 1645/XV -6-79-28 (107) -77, dated
May 1, 1979.
[The Uttar Pradesh Junior High Schools (Payment of Salaries of Teachers and Other Employees) Act, 1978] 
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(d) “Inspector” means the District Inspector of Schools and in 
relation to a girls’ institution the District Inspectress of Girls’ Schools, 
and in each case includes any other officer authorized by the State 
Government to perform all or any of the functions of the Inspector under 
this Act ;   
(e) “institution” means a recognized Junior High School for the 
time being receiving maintenance grant from the State Government ;  
1 [(ee) “ Junior High School ” means an institution which is 
different from High School or Intermediate College in which education is 
imparted to boys or girls or to both from class sixth to class eight. ] 
(f) “maintenance grant” means such grant-in-aid of an institution 
as the State Government, by general or special ord er in that behalf, 
directs to be treated as maintenance grant appropriate to the level of the 
institution ; 
(g) “management in relation to any institution”, means the 
Managing Committee or other body charged with managing the affairs of 
that institution and includes the Manager or other person vested with 
the authority to manage and conduct the affairs of the institution; 
(h) “teacher of an institution” means a headmaster or other 
teacher in respect of whose employment maintenance grant is paid by 
the State Government to the institution ;  
(i) “salary of a teacher or employee” means the aggregate of the 
emoluments, including dearness or any other allowance, for the time 
being payable to him at the rate approved for the purpose of payment of 
maintenance grant ;  
(j) other words and expressions defined in the Uttar Pradesh 
Basic Education Act, 1972 and not herein defined shall have the 
meaning assigned to them in that Act.  
Payment of 
salary within 
time and 
without un-
authorized 
deductions 
3. (1) Notwithstanding any contract to the contrary, the salary of
a teacher or other employee of an institution in respect of any period 
after the appointed day, shall be paid to him before the expiry of the 
twentieth day, or such earlier day as the State Government  may, by 
general or special order in that behalf appoint, of the month next 
following the month in respect of which or any part of which, it is 
payable.  
(2) The salary shall, subject to the provisions of sub -section (3), 
be paid without deductions of an y kind except those authorized by the 
rules made under this Act or by any other law for the time being in 
force.  
(3) Where the salary of a teacher or other employee of an 
institution is not paid in accordance with sub -section (1) due to any 
default  on  the  part  of  the  management,  the  Inspector  may, without 
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1. Ins.  by sec. 2  of U. P. Act  3 of 2018.

[The Uttar Pradesh Junior High Schools (Payment of Salaries of Teachers and Other Employees) Act, 1978]
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prejudice to any other provisions of this Act, pay or cause to be paid 
within ten days from the date mentioned in that sub -section such salary 
from the moneys credited to the account mentioned in sub -section (1) of 
section 5 at the rate of salary la st drawn by such teacher or employee, 
as the case may be, and in case of fresh appointment at the rate of 
minimum of the pay scale in which he has been appointed, and any 
adjustment in respect of such payment shall, thereafter, be made as 
soon as possible. 
Power to 
inspect 
4. (1) The Education Officer, may, at any time, for the purpose of
this Act, inspect or cause to be inspected any institution or call for such 
information and records including registers, books of accounts and 
vouchers) from its management with regard to the payment of salaries to 
its teachers or employees or give its management any direction for the 
observance of such canons of financial propriety (including any direction 
for retrenchment of any teacher or employee for prohibition of an y 
wasteful expenditure) as he thinks fit. 
(2) Where a direction under sub -section (1), is given for 
retrenchment of any teacher or employee, it shall be complied with, as 
far as possible in accordance with the provisions of the Uttar Pradesh 
Basic Educat ion Act, 1972 and the rules made thereunder, or as the 
case may be, the conditions of service of such teacher or employee.  
Procedure for 
payment of 
salary in the 
case of 
certain 
Institution 
5. (1) The Management of every institution shall for the purpos es
of disbursement of salaries to its teachers and employees open in a 
Scheduled Bank or a Co -operative Bank a separate account to be 
operated jointly by a representative of the management and by the 
Education Officer or such other officer as may be author ized by the 
Education Officer in that behalf :  
Provided that after the account is opened, the Education Officer 
may, if he is, subject to any rule made under this Act, satisfied that it is 
expedient in public interest so to do, instruct the Bank that th e account 
shall be operated by the representative of the management alone, and 
may at any time revoke such instruction : 
Provided further that in the case referred to in the proviso to 
sub-section (2), or where a difficulty arises in the disbursement of 
salaries due to any default of the management, the Education Officer 
may instruct the Bank that the account shall be operated only by 
himself or by such other officer as may be authorized by him in that 
behalf and may at any time revoke such instruction.  
(2) The management shall deposit in the said account by such 
date as may be specified by general or special orders by the Education 
Officer, eighty-five per cent, or where the State Government or an officer 
authorized by the State Government having regar d to the money 
required to be disbursed, directs a higher percentage, then such higher 
percentage as it or he may direct, of the amount received from the 
students as fees which in accordance with the general or special orders 
of  the  State  Government  in that behalf and for so long as such orders  
[The Uttar Pradesh Junior High Schools (Payment of Salaries of Teachers and Other Employees) Act, 1978]
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are not made in accordance with the directions of the Inspector, for m 
part of the maintenance fund : 
Provided that where the said percentage of fees is not deposited 
as aforesaid, the Education Officer may, by order, prohibit the 
management from making any realization of fees from the students and 
thereupon, the Education Officer may recover the fees ( either through 
the teachers of the institution or in such other manner as he thinks fit ), 
directly from the students and shall deposit the  fees so recovered in the 
said account.  
(3) The entire amount of the maintenance grant and the amount 
of eighty -five per cent, or such higher percentage, as the State 
Government or an officer authorized by the State Government may, by 
general or special  order in that behalf determine the grants for 
reimbursement of free  ship and other similar concessions shall also be 
paid by the State Government into the said account.  
(4) No moneys credited to the said account shall be applied to 
any purpose except the following, namely — 
(a) payment of the salaries falling due for any period after the 
appointed day ;  
(b) credit of institutions’ contribution, if any, to the provident 
fund accounts of the teachers and employees, and such portion of the 
balance in th e account at the end of the month of July each year as 
exceeds the aggregate of one month’s salary of the teachers and 
employees of the institution after meeting the liability for payment of 
their salaries for the period for which fees have been realized f rom the 
students shall be made over to the management for expenditure on the 
institution ;  
(c) such other expenditure for the purposes of the institution as 
may be directed by the State Government or by an officer authorized by 
the State Government in that behalf.  
(5) The salary of a teacher or employee shall be paid by transfer 
of the amount from the said account to his account, if any, in the same 
Bank or if he has no account in that Bank then by cheques.  
(6) In respect of a place where there is no Scheduled Bank or a 
Co-operative bank, the provision of this section shall apply with such 
modification as the State Government may by notification specify and 
the references in this section to Bank shall in that case be construed as 
references to a Post Office Savings Bank.  
(7) The management shall submit to the Director a return in 
respect of each financial year by the 30th June next following in the 
proforma as may be specified by general or special order by the Director.  
Enforcement 
of provisio ns 
and 
directions 
6. (1) Where on the basis of an inspection of an institution or its
records or otherwise, the Education Officer is satisfied that the 
management  has  committed  default  in  complying  with  any direction 
[The Uttar Pradesh Junior High Schools (Payment of Salaries of Teachers and Other Employees) Act, 1978]
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given under section 4 or with the provisions of section 2 or section 5, he 
may through the Inspector, recommend to the Regional Deputy Director, 
Education, that action be taken against the institution under sub -
section (2). 
(2) On receipt of a recommendation under sub -section (1), the 
Regional Deputy Director, Education, may call upon the manag ement to 
comply with the said direction or provision or to show cause within a 
week why the management should not be superseded.  
(3) Where the management fails to comply as aforesaid or to 
show cause, or the Regional Deputy Director, Education, consider s the 
cause shown  to be insufficient he may by  order supersede the 
management, for such period not exceeding one year as may be 
specified in the order, and authorize any person (hereinafter referred to 
as the Authorized Controller), to take over the manage ment of the 
institution for the said period : 
Provided that the Regional Deputy Director, Education, may 
where he considers it necessary or expedient so to do — 
(i) extend the said period from time to time, so however, that the 
period so extended does not exceed five years in the aggregate ; or  
(ii) revoke the order at any time : 
Provided further that nothing in clause (ii) of the preceding 
proviso shall bar the passing of a fresh order under this section.  
(4) On an order being made under sub -section (3), the 
Authorized Controller shall, to the exclusion of the management and 
subject only to the directions, if any, of the Regional Deputy Director, 
Education, the Director or the State Government, exercise all the powers 
and perform all the functions of the management, including 
management of the property belonging to or vested in the institution 
and in particular operate singly the Bank  account referred to in 
section 5 :  
Provided that nothing in this section shall be considered to 
confer on the Au thorized Controller the power to transfer any such 
property (except by way of letting from month to month in the ordinary 
course of management) or to create any charge thereon (except as a 
condition of receipt of any grant in aid of the institution from th e State 
Government).  
(5) Any order made or direction given under this section shall 
have effect notwithstanding anything inconsistent therewith contained 
in any other enactment or instrument relating to the management and 
control of the institution or r elating to the property belonging to or 
vested in the institution.  
Appeal 7. An appeal against the order of the Regional Deputy Director,
Education, superseding the management under sub -section (3) of 
section  6  may  be  preferred  to the Director within one month from the  
[The Uttar Pradesh Junior High Schools (Payment of Salaries of Teachers and Other Employees) Act, 1978]
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date on which the order is communicated to the management, and the 
Director, either himself or any other officer appointed by him by general 
or special order, in that behalf, may after such further inquiry, if any, as 
he considers necessary, either set aside or confirm or modify it, and 
pending the disposal of appeal, may stay the operation of the order on 
such terms, if any, as he thinks fit.    
Power of the 
State 
Government 
to call for 
records 
8. The State Government may call for and examine the record of
any appeal decided by the Director under section 7 for the purpose of 
satisfying itself as to the correctness or propriety of any order passed by  
him, and it may pass such order thereon as it thinks fit :  
Provided that no order superseding the management of the 
institution or extending the period of supersession thereof shall be 
passed under this section unless an opportunity has been given to t he 
management to show cause against the proposed order.  
Approval of 
posts 
9. (1) No institution shall create a new post of teacher or other
employee, except with the previous approval of the Director or such 
other officer, as may be empowered by a genera l or special order in that 
behalf by the Director.  
(2) If any new post is created with the previous approval referred 
to in sub -section (1), and no appointment is made to such post, within 
three months, the approval shall be deemed to have been withdrawn.  
Liability in 
respect of 
salary 
10. (1) The State Government shall be liable for payment of
salaries of teachers and employees of every institution due in respect of 
any period after the appointed day.  
(2) The State Government may recover any amoun t in respect of 
which any liability is incurred by it under sub -section (1) by attachment 
of the income from the property belonging to or vested in the institution 
as if that amount were an arrear of land revenue due from the 
institution.  
(3) Nothing in  this section shall be deemed to derogate from the 
liability of the institution for any such dues to the teacher or employee. 
Punishment, 
penalties and 
procedure 
11. (1) If any default is committed in complying with any
direction under section 4 or with the provisions of section 3 or section 5, 
every person who at the time the default was committed was manager or 
any other person vested with the authority to manage and conduct the 
affairs of the institution shall, unless he proves that the default was 
committed without his knowledge or that he exercised all due diligence 
to prevent the commission of the default, be punishable, in the case of a 
default in complying with the provisions of section 3 with fine which 
may extend to one thousand rupees and in the case of any other default, 
with imprisonment which may extend to six months or with fine which 
may extend to one thousand rupees or with both.    
(2) No  court  shall  take  cognizance  of  any  offence  punishable 
[The Uttar Pradesh Junior High Schools (Payment of Salaries of Teachers and Other Employees) Act, 1978]
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under this section except with the previous sanction of the Regional 
Deputy Director, Education. 
(3) Every offence under this section shall be cognizable but no 
police officer below t he rank of a Deputy Superintendent shall 
investigate any such offence without the order of Magistrate of the First 
Class or make arrest therefor without a warrant.  
(4) No court below the rank of a Magistrate of the First Class 
shall take cognizance of an offence under this section.  
Bar or 
jurisdiction 
of court. 
12. No order made or direction given by the State Government,
the Director, the Regional Deputy Director or the Education Officer or 
other officer in exercise of any power conferred by or under  this Act shall 
be called in question in any court.  
Exemption in 
relation to 
certain 
institutions 
13. Nothing in this Act shall apply to institutions maintained by
the Uttar Pradesh Board of Basic Education, Railway Administration, 
Cantonment Board or an y other industrial undertaking owned or 
controlled by the Central Government or the State Government.  
1[Transitory 
provisions in 
respect of 
certain 
upgraded 
institutions] 
1[13-A. (1) Notwithstanding anything contained in this Act, the 
provisions of this Act shall, mutatis -mutandis, apply, to an institution 
which is upgraded to High School or Intermediate standard and, to such 
teachers and other employees thereof in respect of whose employees 
thereof in respect of whose employment maintenance grant is paid  by 
the State Government to such institution.  
(2) For the purposes of this section the reference to the students 
wherever they occur in section 5, shall be construed as reference to the 
students of classes up to junior high school level only.] 
Protection of 
acts done in 
good faith 
14. No suit, prosecution or other legal proceedings shall lie
against the State Government, the Director, the Regional Deputy 
Director, Education, the Education Officer, the Authorized Controller or 
any other person in respec t of anything which is in good faith done or 
intended to be done in pursuance of this Act or any rule, order or 
direction made or given thereunder.   
Power to 
remove 
difficulties 
15. (1) If any difficulty arises in giving 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, make such 
incidental or consequential provisions including provision for adopting 
or modifying any provision of this Act or of the Uttar Pr adesh Basic 
Education Act, 1972, or the rules made thereunder, but not affecting 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 a period of the three years from the appointed day. 
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1. Ins.  by sec. 2 of U. P. Act  34 of 2000.

[The Uttar Pradesh Junior High Schools (Payment of Salaries of Teachers and Other Employees) Act, 1978]
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(3) Every order made under sub -section (1) shall be laid, as soon 
as may be, before both the Houses of the State Legislature.  
Delegation 16. The State Government may, by notification, delegate all or
any of its powers under this Act to the Director. 
Power to 
make rules 
17. The State Government may by notification make rules for
carrying out the purposes of this Act. 
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