The UTTAR PRADESH EDUCATIONAL INSTITUTIONS (RESERVATION IN TEACHER S CADRE) ACT, 2021

 
 
THE UTTAR PRADESH EDUCATIONAL INSTITUTIONS (RESERVATION IN 
TEACHERS' CADRE) ACT, 2021 
(U.P. Act No. 9 of 2021) 
 
AN 
ACT 
 to provide for the reservation of posts in appointments by direct recruitment of 
persons belonging to Scheduled Castes, Scheduled Tribes, Other Backward 
Classes and Economically Weaker Sections, to Teachers' Cadre in certain 
State Educational Institutions established, maintained or aided by the State 
Government and for matters connected therewith or incidental thereto. 
 IT IS HEREBY enacted in the Seventy second Year of the Republic of India as 
follows:— 
 
Short title  1.  This Act may be called the Uttar Pradesh Educational Institutions 
(Reservation In Teachers' Cadre) Act, 2021. 
Definitions. 
 2.  In this Act, unless the context otherwise requires,— 
 
   (a)"appropriate authority" means the University Grants 
Commission established under the University Grants Commission 
Act, 1956 (Act no 3 of 1956), or any other authority or body 
established by or under a Central Act or State Act for the 
determination, coordination or maintenance of the standards of 
higher education in any State Educational Institution; 
   (b) "branch of study" means a branch of study leading to three 
principal levels of qualifications at bachelors (under graduate), 
masters (post graduate) and doctoral levels;  
   (c) "direct recruitment" means the process of appointing faculty 
by inviting applications against public advertisement from 
persons eligible to teach in a State Educational Institution; 
   (d) " economically weaker sections" means  economically weaker 
sections of citizens as defined under the Uttar Pradesh Public 
Services (Reservation for Economically Weaker Sections) Act, 2020 
(U.P. Act no. 10 of 2020); 
   (e) "faculty" means the faculty of a State Educational Institution;  
   (f) "Minority Educational Institution" means an institution 
 
 
established and administered by the minorities under clause (1) of 
Article 30 of the Constitution of India and so declared as a Minority 
Educational Institution under the National Commission for 
Minority Educational Institutions Act, 2004 (Act no. 2 of 2005); 
   (g) other backward classes means the other backward classes 
notified under the Uttar Pradesh Public Services (Reservation for 
Scheduled Castes, Scheduled Tribes and Other Backward Classes) 
Act, 1994 (U.P. Act no. 4 of 1994); 
   (h) "sanctioned strength" means the number of posts in teachers' 
cadre approved by the appropriate authority; 
   (i) "Scheduled Castes" means the Scheduled Castes defined under 
the Uttar Pradesh Public Services(Reservation For Scheduled 
Castes, Scheduled Tribes and Other Backward Classes) Act,1994 
(U.P. Act no 4 of 1994); 
   (j) "Scheduled Tribes" means the Scheduled Tribes defined under 
the Uttar Pradesh Public Services(Reservation For Scheduled 
Castes, Scheduled Tribes and Other Backward Classes) Act,1994 
(U.P. Act no 4 of 1994); 
   (k)         " State Educational Institution" means— 
(i) a State University established or incorporated by or under a
State Act; 
(ii) an institution receiving aid from the State Government 
and affiliated, associated to or constituent of a State 
University established or incorporated by or under a State 
Act;  
(iii) a medical educational institution established under the 
Societies Registration Act, 1860 (Act No. 21 of 1860) and 
receiving aid from the State Government ;    
(iv) a composite group of government educational institutions 
where common state level cadre has been created by the 
Government ; 
   (l) "State Government" means the Government of Uttar Pradesh ; 
   (m) "teachers' cadre" means a class of all the teachers of a State 
Educational Institution, regardless of the branch of study or 
faculty, who are remunerated at the same grade of pay, excluding 
any allowance or bonus. 
 
 
Reservation of 
posts in 
recruitments by 
State 
Educational 
Institutions 
 
3.  (1) Notwithstanding anything in any other law of the State Of Uttar 
Pradesh for the time being in force, there shall be reservation of 
posts in direct recruitment out of the sanctioned strength in teachers' 
cadre in a State Educational Institution to the extent and in the 
manner as prescribed by the State Government. 
(2) For the purpose of reservation of posts, a State Educational 
Institution shall be regarded as one unit. 
Act not 
to apply in 
certain cases 
 
4.  The provisions of section 3 shall not apply to - 
(a)   a Minority Educational Institution, 
(b) the institutions of excellence, research institutions, institutions 
of national and strategic importance.  
Power to make 
rules 5.  The State Government may, by notification in the Gazette, make 
rules for carrying out the purposes of this Act. 
Laying of 
notifications 
before the State 
Legislature 
6.  Every notification made by the State Government under this Act 
shall be laid, as soon as may be after it is made, before both Houses 
of the State Legislature. 
Power to remove 
difficulties 
 
7. (1) The State Government may for the purposes of removing any 
difficulties direct that the provisions of this Act shall during such 
period as may be specified in the order, have effect subject to such 
adaptations, whether by way of modification, addition or omission, 
as it may deem necessary or expedient:  
       Provided that no such order shall be made after two years 
from the date of commencement of this Act. 
  (2) Every order made under sub-section (1) shall be laid before both 
Houses of the State Legislature, as soon as may be, after it is made. 
 
 

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