The UTTAR PRADESH PRAVIDHIK SHIKSHA ADHINIYAM, 1962

 
THE UTTAR PRADESH PRAVIDHIK SHIKSHA ADHINIYAM] 1962 1
[ U. P. A CT No. XVII of 1962 ]
Amended by
U.P. Act No. XXIII of 1966
U.P. Act No. 35 of 1974
[Passed in Hindi by the Uttar Pradesh Legislative Council on
September 18, 1962 and by the Uttar Pradesh Legislative Assembly
on November 1, 1962 and again passed by the Uttar Pradesh
Legislative Council, with amendments made by Uttar Pradesh
Legislative Assembly on November 5, 1962.
Received the assent of the Governor on November 23, 1962
under Article 20 of the Constitution of India and was published in
the Uttar Pradesh Gazette Extraordinary, dated November 30,
1962.]
AN
ACT
to provide for the Establishment and Constitution of a
Board of Technical Education in Uttar Pradesh and for matters
connected therewith.
It is hereby enacted in the Thirteenth Year of the Republic
of India as follows :
Short title and
extent
1.(i) This Act may be called the Uttar Pradesh Pravidhik
Shiksha Adhiniyam, 1962.
(ii) It shall extend to the whole of Uttar Pradesh.
Definition 2.In this Act, unless there is anything repugnant in the subject
or context :
(a)‘‘affiliated institution’’ means an institution affiliated to
the Board in respect of any course or courses of study in
accordance with the provisions of the Act or the regulations
made thereunder ;
(b) ‘‘Board’’ means the Uttar Pradesh Pravidhik Shiksha
Parishad (Board of Technical Education, Uttar Pradesh)
established under section 3;
(c)‘‘bye-laws’’ means the bye-laws made under section 24;
(d)‘‘centre’’ means the institution or the place fixed by the
Board for the purpose of holding its examinations and includes
the premises attached or appurtenant thereto;
(e)‘‘certificate’’ means the certificate awarded by the Board
to a person for successfully completing in an affiliated
institution such courses of study as may from time to time be
prescribed by regulations;
 
1. For S.O.R.see Gazette Extraordinary,dated August 20, 1962.
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[The Uttar Pradesh Pravidhik Shiksha Adhiniyam, 1962]
(f)‘‘Chairman’’ means the Chairman of the Board appointed
by the State Government under section 4;
(g)‘‘diploma’’ means a diploma awarded by the Board to a
person for successfully completing in an affiliated institution
such courses of study as may from time to time be prescribed
by regulations;
1 [and includes a preparatory diploma, advanced diploma,
higher diploma, intermediate diploma or a diploma awarded
for completing a post-diploma course.]
2[(gg) ‘‘Director’’ means the Director of Technical Education,
Uttar Pradesh and includes for the purposes of sections 22-A to
22-G, any officer not below the rank of Deputy Director,
Technical Education authorized by the Director in that behalf.]
(h)‘‘invigilator’’ means a person who assists the
Supetintendent of a Centre in conducting and supervising the
examinations at the Centre and includes a project observer to
relation to a project examination;
3 [(hh) ‘‘Management’’ or Committee of Management, in
relation to an affiliated institution, means the Managing
Committee or other body charged with managing the affairs of
that institution;]
(i) ‘‘member’’ means a member of the Board and includes the
Chairman and the Vice-Chairman thereof;
(j) ‘‘regulations’’ means regulations made under section 23;
(k) ‘‘rules’’ means rules made by the State Government
under section 22;
(l) ‘‘Secretary’’ means the Secretary of the Board appointed
by the State Government under section 11 ;
(m) ‘‘State’’ means the State of Uttar Pradesh;
(n) ‘‘Superintendent of Centre’’ means the person appointed
by the Board to conduct and supervise examinations of the
Board and includes an additional Superintendent and an
associate Superintendent; and
(o)‘‘Vice-Chairman’’ means the Vice-Chairman of the Board
appointed by the State Government under section-4.
Establishment
of the Board
3.There shall be established by the State Government by
notification in thegazettea Board to be called the Uttar Pradesh
Pravidhik Shiksha Parishad (i.e. the Board of Technical Education,
Uttar Pradesh) and such a notification may be made at any time after
the commencement of this Act, notwithstanding the fact that one or
more of the seats of members are yet to be filled.
1. Ins.bysec.2 of U.P. Act no. 23 of 1966 .
2. Ins.by section 2 (i) of U.P. Act No. 35, 1974.
3.Ins.by section 2 (ii)ibid.
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[The Uttar Pradesh Pravidhik Shiksha Adhiniyam, 1962]
Constitution of
the Board
[4.(1)] 1 The Board shall consist of the following members
namely :
(i) The Chairman, nominated by the State Government ;
(ii) the Vice-Chairman, nominated by the State Government;
(iii) four members elected by the State Legislative Assembly
from amongst its members ;
(iv) two members elected by the State Legislative Council
from amongst its members ;
(v) one representative each of the departments
of 2[Industries and Finance] of the State Government ;
(vi) two representatives of industry, nominated by the State
Government;
(vii) one principal from amongst the principals of the Degree
Colleges for Girls situate in the State to be nominated by the
State Government ;
(viii) one representative of 3[Ministry of for the time being
dealing with Technical Education,] Government of India ;
(ix) one representative of the Northern Regional Committee
of the All India Council for Technical Education ;
(x) one representative of the Railway Board ;
(xi) one representative of the Institution of Engineers (India);
(xii) one representative of the Indian Institute of Technology,
Kanpur ;
(xiii) one representative of the Military Engineering
Service, 4[of the Command having its headquarters in the State.]
(xiv) four of the principals of the institutions affiliated to the
Board, by rotation in the manner prescribed by rules ;
5[(xv) one representative of each university established by or
under an Uttar Pradesh Act having a Faculty of Engineering or
Technology, by whatever name called so, however, that where
the number of such universities exceeds five, only five
universities shall be represented by rotation in the manner
prescribed by rules ;]
(xvi) the Chief Engineers of the Public Works, Local Self-
Government (Engineering) and Irrigation Departments of the
State Government —ex-officio;
(xvii) the Chief Engineer of the State Electricity Board—
ex-officio;
(xviii) the Vice-Chancellor of the Roorkee University—
ex-officio;
1. Renumbered by section 3 of U.P. Act No. 35 of 1974 .
2. Subs.by section 3 (i) of U.P. Act no. XXIII of 1966.
3.Subs.by section 3 (ii)ibid.
4. Subs.by section 3 (iii) of U.P. Act no. XXIII of 1966 .
5.Subs.by section 3(iv)ibid.
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[The Uttar Pradesh Pravidhik Shiksha Adhiniyam, 1962]
(xix) the [Director of Education, (Secondry Education)] 1 Uttar
Pradesh—ex-officio;
(xx) the Director, Training and Employment Uttar Pradesh—
ex-officio ;
(xxi) the Director of Technical Education, Uttar Pradesh—
ex-officio;
(xxii) the Director of Industries, Uttar Pradesh—ex-officio;
(xxiii) the Electrical Inspector to the State Government—
ex-officio; and
(xxiv) two persons, nominated by the State Government.
2[(2) The members mentioned in clauses (xvi), (xvii) (xix), (xx)
and (xxii) of sub-section (1) may, instead of attending any meeting of
the Board themselves, depute any officer subordinate to them not below
the rank of Deputy Chief Engineer or Deputy Director, as the case may
be, and the officers so deputed shall be entitled to take part in the
proceedings of the particular meeting for which they are deputed and
shall also be entitled to vote at such meeting.]
Co-option of
experts
5.The Board may co-opt such persons, not exceeding thee, as
may be experts in subjects included in the courses of study laid down
by the Board. Name of the persons co-opted and the term of co-option
of each, which shall not exceed three years, shall be notified in the
Gazette.
Term of the
office of
members
3[6.(1) Subject to the provisions of sub-sections (3) and (4) and
of section 7—
(a)the term of office of members mentioned in clauses (i) to
(iv), (vi), (ix) and (xxiv) of section 4 shall be three years from the
respective dates on which their appointment is notified in the
Gazette;
(b) the term of office of members mentioned in clauses (vii),
(xiv) and (xv) of section 4 shall be such as may be prescribed by
rules.
(2) Members mentioned in clauses (v), (viii) and (x) to (xiii) of
section 4, may be nominated by the appropriate authorities or bodies
from time to time.
(3) Exceptex-officiomembers and members referred to in sub-
section (2), a member may at any time by writing under his hand,
addressed to the Secretary to the Board resign his office.
(4) A member shall cease to hold office as such when he ceases
to hold the office by virtue of which or the capacity in which he became
eligible or was nominated for the membership.]
 
1.Subs.by section 3(a) of U.P. Act No. 35, 1974.
2.Ins.by section 3 (b)ibid.
3. Subs.by section 4 of U.P. Act No. XXIII of 1966 .
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[The Uttar Pradesh Pravidhik Shiksha Adhiniyam, 1962]
Removal of
member
7.The State Government may remove from the membership a
member who in its opinion has so abused his position as such member
as to render his continuance on the Board detrimental to the public
interest :
Provided that the State Government shall, before removing a
member as aforesaid, give him an opportunity of explanation and shall
place on record the reasons for his removal.
Meetings of the
Board
8.(1) The Board shall meet at such times and places and shall,
subject to the provisions of sub-sections (2) and (3), observe such
prodecure in transacting the business at its meeting, including the
quorum threat, as may be provided by bye-laws made in this behalf.
(2) The Chairman and in his absence, the Vice-Chairman shall
preside at the meetings of the Board. In the absence of both, any
member chosen by the members present in the meeting shall preside at
that meeting.
(3) All questions arising in a meeting of the Board shall be
decided by majority of votes of the members present and voting and, in
case of equality of votes, the person presiding at such meeting shall
have a second or casting vote.
Vacancies, etc.
not to
invalidate acts
and
proceedings
9.No act or proceedings of the Board or of a Committee
appointed by it, shall be deemed to be invalid by reason merely of the
existence of any vacancy in, or any defect in the constitution of the
Board or the committee, or because of any irregularity in procedure if
not affecting the merits of the case.
Offices of the
Board
10.The office of the Board shall be located at such place in
Uttar Pradesh as may be fixed by the State Government.
Secretary of
the Board
11.(1) The State Government shall appoint a Secretary to the
Board to assist the Board in carrying out the purposes of this Act.
(2) The Secretary shall be a Government servant.
Functions and
duties of the
Board
12.Subject to the provisions of this Act and the rules and
regulations made thereunder, the functions and duties of the Board
shall be—
(i) to affiliate institutions and prescribe courses of study and
instructions leading to examinations conducted by it ;
(ii) to prescribe standards for buildings and equipment of
affiliated institutions ;
(iii) to prescribe educational qualifications and other
standards for the members of staff of affiliated institutions.
(iv) to prescribe educational and other qualifications for
admission of students to affiliated institutions ;
(v) to prescribe the manner of admission of students to
affiliated institutions ;
(vi) to admit candidates to examinations conducted by it ;
 
244
[The Uttar Pradesh Pravidhik Shiksha Adhiniyam, 1962]
(vii) to conduct examinations for promotion from lower to
higher classes and also for awarding certificates and diplomas;
(viii) to publish results of examinations conducted by it ;
(ix) to grant certificates and diplomas to students who have
completed the prescribed courses of study in an affiliated
institution and have passed the examinations conducted by it;
(x) to co-operate with other authorities and bodies in such
manner and for such purposes as may be necessary for giving
effect to the provisions of this Act;
(xi) to advise the State Government on co-ordinated
development of technical education and training regarding the
same;
(xii) to do all other such acts and things as may be
necessary for the proper discharge of its functions under this
Act or the rules or regulations made thereunder ; and
(xiii) to carry out such other duties as may be imposed upon
it under this Act or the rules or regulations made thereunder.
Powers to the
Board
13.(1) The Board shall, subject to the provisions of this Act and
rhe rules made thereunder, have all such powers as may be necessary
for the discharge of its functions and the performance of its duties
under this Act, or the rules or regulations made thereunder.
(2) In particular and without prejudice to the generality of the
foregoing powers, the Board shall have the powers :
1[(i) to cancel an examination or withhold the result of an
examination of a candidate, or to disallow him from appearing
at any future examination who is found by it to be guilty of –
(a)using unfair means in the examination ; or
(b)making any incorrect statement or suppressing material
information or fact in the application form for admission to the
institution or to the examination ; or
(c)fraud or impersonation at the examination ; or
(d)securing admission to the examination in contravention
of the rules governing admission to such examination or
(e) any act of gross indiscipline in the course of the
examination ;]
2[(i-A) to deduct marks at an examination of any candidate
found by it to be guilty of any act of indiscipline in the course of
the examination ; ] and
(ii) to cancel the result of an examination of any
candidate 3[found by it to be guilty] of all or any of the acts
mentioned in sub-clauses (a) to (d) of clause (i) or for anybona
fideerror of the Board in the declaration of the result :
1. Subs.by section 5(i) of U.P. Act No. XXIII of 1966 .
2.Ins.by section 5 (ii)ibid.
3.Subs.by section 5 (iii)ibid.
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[The Uttar Pradesh Pravidhik Shiksha Adhiniyam, 1962]
Provided that the result of an examination shall not be
cancelled on the ground of abona fideerror of the Board after
the expiry of 90 days from the date of announcement of the
result of the examination ;
(iii) to prescribe fees for the examinations conducted by it
and provide for the manner of their realization ;
(iv) to refuse affiliation of an institution —
(a)which does not fulfil, or is not in a position to fulfil, or
does not come up to, the standards for staff, instructions,
equipment, or buildings laid down by the Board in this
behalf; or
(b)which does not or is not willing to abide by the
conditions of affiliation laid down by the Board in this
behalf;
(v) to withdraw affiliation of an institution not able to adhere
to, or make provision for, standards of staff, instructions,
equipment, or buildings laid down by the Board, or on its failure
to observe the conditions of affiliation, to the satisfaction of the
Board;
(vi) to call for reports from the heads of affiliated institutions
in respect of any act of contravention of the rules or regulations
or deceisions, instructions or directions of the Board, and take
suitable action for the enforcement of the rules or regulations or
decisions, instructions or directions of the Board, in such
manner as may be prescribed by regulations ;
(vii) to inspect an affiliated institution for the purpose of
ensuring due observance of the prescribed courses of study and
that facilities for instructions are duly provided and availed of;
and
(viii) to fix the maximum number of students that may be
admitted to courses of study in an affiliated institution.
(3) The decision of the Board in all matters mentioned in sub-
sections (1) and (2) shall be final.
Powers of the
State
Government
14.(1) The State Government may communicate to the Board
its views on any work done or conducted by the Board or in respect of
any matter with which the Board is concerned and the Board shall
thereupon report to the State Government the action taken or proposed
to be taken by it in regard thereto.
(2) If the Board fails to take action within a reasonable time to
the satisfaction of the State Government or fails to communicate the
action taken or proposed to be taken, the State Government may, after
considering any explanation furnished or representation made by the
Board, issue such directions consistent with the provisions of this Act
and the rules and regulations made thereunder as it may think fit. The
Board shall comply with the said directions within the time-specified
therein and if it fails to do so, the State Government may take all such
steps as it may deem necessary to give effect to such directions.
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[The Uttar Pradesh Pravidhik Shiksha Adhiniyam, 1962]
1[(3) Notwithstanding anything in sub-sections (1) and (2), the
State Government, in any emergency which in its opinion requires that
immediate action should be taken, may, without prior reference to
theBoard, issue such directions or take such other action consistent
with the express provisions of this Act as it may think fit].
Powers and
duties of the
Chairman
15.(1) The Chairman shall, subject to the superintendence
control and directions of the Board, have the power to do all acts
required for implementing the decisions of the Boad and shall exercise
such other powers and perform such other duties as may be prescribed
by rules.
(2) The Chairman shall, subject to the superintendence, control
and directions of the Board, have power to make such orders on the
decisions of the committees constituted under sub-section (1) of section
18, as may be within the jurisdiction of the Board and as he may deem
fit. The Chairman shall inform the Board of every such order at its next
meeting.
(3) The Chairman may in an emergency, which in his opinion,
requires that immediate action should be taken, deal with any matter
within the competence of the Board and, subject to the provisions of
this Act, the rules and regulations made thereunder, by order in writing
take such action as he may deem necessary. The Chairman shall
thereupon forthwith inform the Board, at its next meeting, of the action
so taken.
(4) The Board may, subject to the provisions of sub-section (3) of
section 14, confirm, set aside or modify the order passed by the
Chairman under sub-section (2) or (3), and pass such other orders as
may be considered expedient or necessary in regard to matters arising
from the action taken by him.
(5) Any action taken, or order passed, by the State Government
under sub-section (3) of section 14, whether in respect of any matter
dealt with by the Chairman under sub-section (2) or (3) or otherwise,
shall be final and be ot questioned before any court of law, and shall
prevail over any order passed by the Chairman or the Board under this
section.
Powers and
duties of the
Vice-Chairman
16.The Vice-Chairman shall exercise such powers and perform
such duties of the Chairman as may be prescribed by rules or delegated
to him by the Chairman.
Powers and
duties of the
Secretary
17.The Secretary shall be the chief executive officer of the
Board and shall, subject to the superintendence, control and directions
of the Board, be responsible for the execution of its decisions. He shall
exercise such other powers and perform such other duties as may be
prescribed by rules, and in particular-
(a) be responsible for the preparation of the estimates of account
and annual statements of income and expenditure;
1. Subs.by section 6 of U.P. Act No. XXIII of 1966 .
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[The Uttar Pradesh Pravidhik Shiksha Adhiniyam, 1962]
(b) be responsible for ensuring that all moneys allotted to the
Board are spent for the purposes for which they are allotted;
(c) be responsible for keeping the minutes of the meetings of the
Board; and
(d) be entitled to be present at the meetings of the Board and
take part in the proceedings, but shall have no right of vote.
Constitution of
committee and
sub-commitees
18.(1) The Board shall constitute a[Committees of courses], an
Examination Committee, a Committee for Inspections and Affiliations
and such other committees as may be prescribed by rules or
regulations. The Secretary shall be anex-officiomember of each such
committee.
(2) A Committee constituted under sub-section (1) shall consist
of such members and such other persons as the Board may in each
case appoint. The term of a committee and the number of its members
shall be such as may be prescribed by regulations.
(3) A Committee of the Board may co-opt such persons and for
such period as it thinks fit, provided that the number of persons co-
opted shall not exceed one-third of the total number of members of the
committee.
(4) A member of a committee, or a person co-opted by it, may
resign his office by writing addressed to the Board, or the committee, as
the case may be.
(5) A casual vacancy in the committee caused by resignation
under sub-section (4), or arising from any other cause, shall be filled by
fresh appointment or co-option in the manner provided in sub-section
(2) or (3), as the case may be.
(6) A committee appointed under this Act may constitute
subcommittees for such purposes as may be prescribed by regulations,
and for such period as it may think fit.
Delegation and
reference to
committees by
the Board
1[19.(1) The Board may, by general or special order delegate,
either unconditionally or subject to such conditions and limitations, if
any including the condition of review by itself, as may be specified in
the order, to any Committee appointed under this Act, such of its
powers and duties under this Act as it deem necessary.
(2) Without prejudice to the generality of the foregoing power,
the Board may refer any question arising in the course of the exercise of
its powers or performance of its duties and functions under this Act to
the appropriate Committee and where a reference is so made, the Board
shall, before taking a decision thereon, consider the report,
recommendations and suggestions of the Committee ]
1. Subs.by section 8 of U.P. Act No. XXIII of 1966 .
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Authentication
of orders and
other
instruments of
the Board
20.(1) All decisions of the Board shall, subject to the provisions
of this Act and the rules and regulations made thereunder, be arrived
at by resolution, duly passed by it, and shall be authenticated by the
signature of the Chairman or such other member as may be authorised
by the Board in this behalf.
(2) All instruments executed on behalf of the Board shall be
authenticated by the signature of the Secretary or such other officer of
the Board as may be authorised by it in this behalf.
Superintendent
of a Centre and
invigilator to be
public servants
Act XLV of
1860
Act V of 1898
21.(1) Every Superintendent of a Centre and every invigilator
shall, during the period of an examination conducted by the Board, and
for a period of one month prior to the commencement of, and of two
months immediately following the close of such examination, be
deemed to be a public servant within the meaning of Section 21 of the
Indian Penal Code.
1[(2) An assault on, or use of criminal force to, a Superintendent
of a Centre or an invigilator during the period mentioned in sub-section
(1) shall be deemed to be an obstruction voluntarily caused to a public
servant in the discharge of his public functions punishable under
Section 186 of the Indian Penal Code (Act XLV of 1860), and shall,
notwithstanding anything contained in the [Code of Criminal
Procedure, 1898 (Act V of 1898)] be a cognizable offence.]
Power to make
rules
22.(1) The State Government may, by notification and after
previous publication in the Gazette, make rules to carry out the
purposes of this Act.
(2) Without prejudice to the generality of the foregoing power,
such rules may provide for-
2 [(a) the manner of rotation and the term of office of
members mentioned in Clauses (vii), (xiv) and (xv) of Section 4];  
(b) the rates of travelling and daily allowances payable to
members of the Board, committees and sub-committees and the
persons co-opted thereto, and the manner of their payment;
(c) the additional powers, duties and functions of the Board, the
Chairman, the Vice-Chairman and the Secretary; and
(d) any other matter which under this Act is to be or may be
prescribed by rules.
(3) All rules made under this Act shall, as soon as may be after
they are made, be laid before each House of the State Legislature while
it is in sessions for a total period of fourteen days extending in its one
session or more than one successive sessions and shall, unless some
later dale is appointed, take effect, from the date of their publication in
the Gazette, subject to such modifications or annulments as the two
Houses of the Legislature may agree to make; so, however, that any
such modification or annulment shall be without prejudice to the
validity of anything previously done thereunder.
1. Sec.21. Renumbered as sub-sec. (1) and sub-sectio (2)insertedbysec.9 of U.P. Act No. XXIII of 1966 .
2.Subs.by section 10ibid.
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Scheme of
Administration
1[22-A.(1) Notwithstanding anything in any law, document or
degree of order of a court or other instrument, there shall be a Scheme
of Administration for every institution whether affiliated before or after
the commencement of the Uttar Pradesh Pravidhik Shiksha
(Sanshodhan) Adhiniyam, 1974.
(2) The Scheme of Administration shall, amongst other matters,
provide for the constitution of a Committee of Management vested with
authority to manage and conduct the affairs of the affiliated institution.
(3) The Principal of the affiliated institution shall beex-
officiomember of the Committee of Management with a right to vote.
(4) The Principal of the affiliated institution shall neither attend
the meeting of the Committee of Management nor shall he exercise his
right to vote whenever a charge concerning his personal conduct is
under discussion.
(5) The Scheme of Administration shall also describe, subject to
any regulations, the respective powers, duties and functions of the
Principal and the Committee of Management in relation to the affiliated
institution.
(6) Where more than one affiliated institution is maintained by a
body or authority, there shall be a separate Committee of Management
for each such institution, unless otherwise provided in the regulations
for any class of affiliated institutions.
(7) The Scheme of Administration of every affiliated institution
shall be subject to the approval of the Director and no amendment to or
change in such scheme shall be made at any time without the prior
approval of the Director in writing.
(8) Every affiliated institution shall be managed in accordance
with the Scheme of Administration framed under and in accordance
with this Section and Sections 22-B and 22-G.
Period within
which the
scheme of
Administration
shall be
substituted
22-B(1) In the case of an institution already affiliated at the
date of commencement of the Uttar Pradesh Pravidhik Shiksha
(Sanshodhan) Adhiniyam, 1974, a draft of the Scheme of
Administration shall be prepared and submitted to the Director for his
approval in accordance with Section 22-C within six months from the
said commencement and in all other cases along with the application
for affiliation.
(2) Where an institution which has already' been affiliated at the
commencement of the Uttar Pradesh Pravidhik Shiksha (Sanshodhan)
Adhiniyam, 1974, fails to comply' with the provisions of sub-section (1)
within the period provided therefor, the Director shall send a notice to
such institution requiring it to submit the Scheme of Administration
within a further period of three months;
1.Ins.by Section 4 of U.P. Act No. 35 of 1974 .
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[The Uttar Pradesh Pravidhik Shiksha Adhiniyam, 1962]
Provided that on a representation by the affiliated institution
prior to the expiry of the extended period, the Director may, in his
discretion, allow a further extension for a period of three months.
(3) If the scheme is not submitted within the time allowed, the
Director shall take action in accordance with Clause (a) or Clause (b) of
sub-section (3) of Section 22-D.
Approval of the
draft Scheme of
Administration
22-C.(1) (1) Subject to the regulations governing the principles
for according approval to the Scheme of Administration, the Director
shall, within such period of time as may be specified in the regulations,
either approve the draft Scheme of Administration submitted under
Section 22-B or suggest any alteration or modification therein.
(2) Where the Director suggests any modification in the draft
Scheme of Administration under sub-section (1), he shall send a copy of
the same to the affiliated institution giving his reasons therefor and
affording an opportunity to such institution to make a representation,
with such period of time, as may be specified in the regulations;
Provided that in case the Director does not suggest any
alteration or modification in the draft Scheme within the period
specified in the regulations, draft Scheme shall be deemed to have been
approved.
(3) The Director shall consider any representation made in
accordance with the provisions of sub-section (2) and may approve the
Scheme of Administration in its original form, or subject to the
modification suggested under the said sub-section or with any other
modification as may appear to him to be just and proper;
Provided that where the Director proposes to make a new
modification in the Scheme of Administration, he shall provide an
opportunity to the affiliated institution to make a representation to him
within such period of time as may be specified in the regulations.
Inspection of
affiliated
institution and
removal of
defects
22-D.(1) The Director may cause an affiliated institution to be
inspected from time to time.
(2) The Director may direct the Management of an affiliated
institution to remove any defect or deficiency found on inspection or
otherwise.
(3) Where the Management fails to comply with any direction
made under sub-section (2), the Director may, after considering the
explanation or representation, if any, given or made by the
Management-
(a) refer the case to the Board for withdrawal of affiliation; or
(b) recommend to the State Government to proceed against
the affiliated institution under sub-section (4).
(4) If no receipt of a recommendation referred to in Clause (b) of
subsection (3), the State Government is satisfied that in the interest of
the institution it is necessary that the Management of that institution
be handed over to an Authorized Controller, the State Government may
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[The Uttar Pradesh Pravidhik Shiksha Adhiniyam, 1962]
by an order, for such period as may be specified in the order, appoint
an Authorized Controller and that Authorized Controller may take over
the management of the institution including management of the land,
buildings, funds and other assets belonging to or vested in the
institution to the exclusion of the Committee of Management or any
other person, and whenever the Authorized Controller so takes over the
management, he shall, subject only to such restrictions as the State
Government may impose, have in relation to the management of the
institution all such powers and authority as the Committee of
Management would have, if no order were made under this sub-section.
(5) The period for which an order may be made under sub-
section (4) shall not exceed one year in the first instance;
Provided that if the State Government is of opinion that it is
expedient so to do in order to continue to secure the proper
management of the institution, it may from time to time extend the
operation of the order for such period, not exceeding one year at a time,
as it may specify, so however, that the total period of the operation of
the order, including the period specified in the initial order under sub-
section (4) does not exceed five years;
Provided further that if at the expiration of the said period of five
years, there is no lawfully constituted Committee of Management of the
Institution, the Authorized Controller shall continue to keep the
management in his hands until the State Government is satisfied that
the Committee of Management has been lawfully constituted;
Provided further that the State Government may at any time
revoke an order made under sub-section (4) or under this sub-section.
(6) No person who is appointed Authorized Controller under
section (4), shall be personally liable for acts done by him in good faith
in performance of the duties entrusted to him.
(7) Any order made or directions given under sub-section (4)
shall have effect, notwithstanding anything inconsistent therewith
contained in any other enactment or instrument relating to the
management and control of the institution (including any Scheme of
Administration) or relating to the property belonging to or vested in the
institution.
(8) No order made by the Board withdrawing affiliation under
Clause (a) of sub-section (3) and no order made under sub-section (4)
shall be called in question in any court.
(9) The powers conferred by this Section shall be in addition to
and not in derogation of any powers conferred on the State Government
or the Authorized Controller under any other law.
Appointment of
teachers
22-E.(1) Qualifications for appointment as Principal and of
teachers shall be laid down by regulations;
Provided that the Board may, after considering the report of the
Director, exempt any person from the requirement of minimum
qualifications having regard to his experience, education and other
attainments.
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(2) There shall be constituted in every affiliated institution a
selection committee with the head of such institution as anex-
officiomember thereof, for the purpose of selecting candidates for
appointment as teacher in the affiliated institution.
(3) For the selection of Principal of an affiliated institution, there
shall likewise be constituted a selection committee of three members
one of whom shall be a person not belonging to the district in which the
affiliated institution is located, selected by the Committee of
Management out of the regional panel referred to in sub-section (4).
(4) The Director shall prepare for each region a panel of persons
to act as nominated members in the Selection Committee referred to in
sub-section (3).
(5) The constitution of the selection committee referred to in
subsections (2) and (3), the conduct of business at their meetings, the
preparation of regional panels and other matters shall be regulated by
regulations.
Procedure of
selection of
Principal and
teacher
22-F.(1) Subject to the provisions hereinafter specified, no
person shall be appointed as Principal or teacher in an affiliated
institution unless he-
(a) possesses the qualifications laid down in the regulations
or has been exempted from such qualifications under
subsection (1) of Section 22-E;
(b) has been recommended by the selection committee
constituted under sub-section (2) or sub-section (3), as the case
may be, of the said Section and approved by the Director;
Provided that where the Director is satisfied that for any
affiliated institution, no candidate possessing all the qualifications laid
down in the regulations is available for appointment, he may permit the
affiliated institution to employ as a temporary measure any suitable
person for a period not exceeding one year;
Provided further that such period of one year may be extended
with prior approval of the Director;
Provided also that in the case of leave vacancy or of a vacancy
occurring for a part of the session of the affiliated institution, it shall be
lawful for the Committee of Management to appoint a principal or
teacher, and in that case information of such an appointment shall be
given forthwith to the Director.
(2) The name of the selected candidate shall be forwarded for
approval to the Director alongwith the list showing the names,
qualifications and such other particulars, as may be laid down by
regulations, of all candidates who may have applied for selection.
(3) The Director shall give his decision within two weeks of the
receipt of the relevant papers mentioned in sub-section (2), failing
which approval shall be deemed to have been accorded.
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[The Uttar Pradesh Pravidhik Shiksha Adhiniyam, 1962]
(4) Where the Director disapproves, for reasons to be recorded in
writing, of any name proposed under sub-section (1), the Management
may, within three weeks of the receipt of the disapproval, make a
representation against it to the State Government whose decision in the
matter shall be final. 
(5) Where a recommendation made under sub-section (2) has
been disapproved and the representation of the Management, if any,
under sub-section (4) has been rejected, the selection committee shall
proceed to select and recommend another name for approval as
provided by Section 22-E and this Section.
(6) Where the selection made under sub-section (5) is again
disapproved and the representation, if any, against the disapproval has
not been accepted, the Director may appoint any qualified person out of
the list of the candidates applying for the vacancy and such
appointment shall be final.
Dismissal or
removal etc. of
teachers
22-G.(1) No Principal or teacher may be discharged or removed
or dismissed from service or reduced in rank or subjected to any
diminution in emoluments, or served with notice of termination of
service except with the prior approval in writing of the Director, whose
decision shall be communicated within such period as may be provided
by regulations.
(2) The Director may approve or disapprove or reduce or
enhance the punishment or approve or disapprove of the notice for
termination of service proposed by the Management :
Provided that in the case of a punishment, before passing
orders, the Director shall give an opportunity to the principal or teacher
to show cause within a fortnight of the receipt of the notice why the
proposed punishment should not be approved.
(3) Nothing in this Section shall apply to an order of suspension
during the pendency or in contemplation of an inquiry.] 1
Power to make
regulations
23.(1) The Board may, for carrying out the purposes of this Act,
make regulations consistent with the provisions of this Act and the
rules framed thereunder and submit the same for approval of the State
Government. The State Government may approve, modify or vary the
regulations. The regulations, as approved by the State Government,
shall be published in the Gazette and shall take effect from the date of
publication, but where a date has been specified, from that date.
(2) Without prejudice to the generality of the foregoing powers,
the regulations may provide for-
(a) the appointment, constitution, powers and duties of the
committees and sub-committees constituted under this Act;
(b) the manner and conditions of conferment of certificates
and diplomas;
(c) the conditions for affiliation of institutions;
1.Ins.by Section 4 of U.P. Act No. 35 of 1974 .
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[The Uttar Pradesh Pravidhik Shiksha Adhiniyam, 1962]
(d) the courses of study to be prescribed for certificate and
diploma examinations;
(e) the conditions under which candidates shall be admitted
to the examinations of the Board and shall be eligible for
certificates and diplomas;
(f) the fees for admission to the examinations of the Board
and the manner of their realisation;
(g) the conduct of examinations;
(h) the appointment of examiners, moderators, collators,
scrutinisers, tabulators, centre inspectors, superintendents of
Centres and invigilators and their duties and powers in relation
to the Board's examinations, and the rates of their
remuneration;
(i) standards for buildings including land appurtenant
thereto, the equipment and apparatus necessary for institutions
seeking affiliation;
1[(j) the qualifications, conditions of service, scales of pay
and strength of teaching and non-teaching staff of affiliated
institutions;]
(k) publication of results of examinations conducted by the
Board;
(l) the minimum educational and other qualifications for
admission of students to an affiliated institution;
(m) admission of students to affiliated institutions;
(n) the inspection of affiliated institutions with a view to
ensure due observance of the prescribed courses of study and
that facilities for instructions are duly provided and availed of;
(o) the conditions under which a candidate may be
disallowed admission to the examination of the Board or
courses of study in an affiliated institution;
(p) withholding or cancelling results of an examination
conducted by the Board, and cancelling an examination
conducted by it in respect of any candidate;
(q) the circumstances under which affiliation of an
institution may be withdrawn or refused;
(r) inspection of a Centre; 2[* * *]
3[(ra) the powers, duties and functions of Principal and the
Committee of Management;
(rb) the principles under which approval to a Scheme of
Administration may be accorded;
(rc) the period of time during which a representation may be
made to the Director under sub-section (2) of Section 22-C;
(rd) the period of time on the expiry of which a draft Scheme
of Administration shall be deemed to have been approved by the
Director under the provision to sub-section (2) of Section 22-C;
1. Subs.and be deemed always to have been substituted by Section 5 (i) of U.P. Act No. 35 of 1974.
2.Del.by section 5 (ii) of U.P. Act No. 35 of 1974.
3.Insertedby section 5(ii)ibid.
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[The Uttar Pradesh Pravidhik Shiksha Adhiniyam, 1962]
(re) the period of time during which a representation may be
made by an affiliated institution under the proviso to subsection
(3) of Section 22-C;
(rf) the constitution of the Selection Committee referred to in
sub-section (2) and sub-section (3) of Section 22-E, the conduct
of business at their meetings and the preparation of regional
panels;
(rg) the particulars to be forwarded to the Director under
subsection (2) of Section 22-F;
(rh) all matters relating to the appointment and conditions of
service of principals and teachers of affiliated institutions; and
(s) any other matter which under this Act or rules made
thereunder is to be or may be prescribed by regulations.
Power to make
by-laws
24.(1) The Board may make bye-laws for giving effect to the
provisions of this Act, and the rules and the regulations made
thereunder.
(2) Without prejudice to the generality of the foregoing powers,
such bye-laws may provide for-
(a) the procedure to be observed at meetings of the Board
and the number of members required to form a quorum;
(b) the giving of notice to members of the Board, a committee
or a sub-committee of the date of a meeting and of the business
to be considered thereat, and for the keeping of the record of
proceedings of such meetings; and
(c) any other matter which, under this Act or the rules or
regulations made thereunder, is to be or may be prescribed by
bye-laws.
Transitional
provisions
25.Notwithstanding anything contained in the foregoing
provisions of this Act, on the commencement of this Act-
(i) the Board of Technical Education (hereinafter called the
Technical Education Board) constituted under G.O. No. 1687-
A/III-160-K-1958, dated May 13, 1958, as modified from time to
time, shall be deemed to be the Board established under
Section 3 till such Board is established in accordance with the
provisions of that Section and Section 4, and upon the Board
being so established the Technical Education Board shall stand
dissolved;
(ii) the Chairman and the Vice-Chairman of the Technical
Education Board shall respectively be deemed to be the
Chairman and the Vice-Chairman appointed under Section 4 till
Chairman or as the case may be, a Vice-Chairman is appointed
in accordance with that Section;
268
[The Uttar Pradesh Pravidhik Shiksha Adhiniyam, 1962]
(iii) each of the committees of Technical Education Board
known as the Text Book and Syllabus Committee, the
Examination Committee, the Results Committee, and the
Inspection and Affiliation Committee, shall function as a
Committee constituted under Section 18 till a corresponding
committee is constituted under the said section and upon a
committee being so constituted the corresponding commi

Excerpt shown. Open the full act in Lexace.

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