LexThe INTERMEDIATE EDUCATION ACT, 1921
Uttar Pradesh · state statute
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THE INTERMEDIATE EDUCATION ACT, 19211
[U. P. ACT No. II OF 1921]
Amended by
U. P. Act No. V of 1941
U. P. Act No. IV of 1950
U. P. Act No. XXXV of 1958
U. P. Act No. VI of 1959
U. P. Act No. VII of 1966
U. P. Act No. XXIX of 1972
U.P. Act No. XXVI of 1975
U. P. Act No. V of 1977
U. P. Act No. XII of 1978
U. P. Act No. 01 of 1981
U. P. Act No. 09 of 1981
U. P. Act No. 06 of 1984
U. P. Act No. 18 of 1987
U. P. Act No. 16 of 2008
U. P. Act No. 10 of 2022
U. P. Act No. 15 of 2022
Adopted and modified by the Government of India (Adaptation of
Indian Laws) Order, 1937
Adopted and modified by the Adaptation of Laws Order, 1950
[Received the assent of the Governor on the 30th
September, 19 21, and of the Governor -General on the 10th
December, 19 21, and was published 2 under section 81 of the
Government of India Act on the 7th January, 1922. ]
AN
ACT
For th e establishment of a Board of High School and
Intermediate Education.
WHEREAS it is expedient to establish a Board to take the place
of the Allahabad University in regulating and supervising the system of
High School and Intermediate Education in the Unit ed Provinces, and
to prescribe courses, therefor;
It is hereby enacted as follows :
Short title,
extent and
commencement
1. (1) This Act may be called the Intermediate Education Act,
1921.
1. For S. O. R., see Gazette. 1921 Pt. VII, p. 18.
2. See Gazette 1922, pt. VII p. 1.
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[The Intermediate Education Act, 1921]
(2) [It shall extend1 to the whole of Uttar Pradesh. ]2
(3) It shall come into force on such date3 as the 4[State Government]
may, by notification in the 5[Official Gazette] direct.
Definitions 2. In this Act, and in all Regulations mad e hereunder,
unless there is anything repugnant in the subject or context, —
(a) “Board” means the Board of High School and
Intermediate Education ;
6[ (aa) “Centre” means an institution or a place fixed by the Board
for the purposes of holding its exa minations and includes the entire
premises attached thereto ] ;
(aaa) “Director” means the Director of Education, Uttar
Pradesh 7[and except for purposes of section 3, includes an Additional
Director of Education.]
8[(b) “Institution” means a recognized Intermediate College, Higher
Secondary School or High School, and includes, where the context so
requires, a part of an institution, and ‘Head of Institution’
1. This Act has been extended to the area mentioned in column 1 of this t able under the Act or Order
mentioned in column 2 and enforced in such areas under notification, if any, mentioned in column 3 with
effect from the date mentioned in column 4 against each such area ;
Act or Order Notification, if Date from
Area under which any, under which
Extended which forced enforced
1. Rampur Rampur (Application No. 810/XVII,
District of Laws) Act, 1950 dated Feb, 28, 1950 March 1, 1950
2. Banaras Banaras (Application of Laws) No. 812/XVII,
District Order, 1949 dated Feb. 28, 1950. Ditto.
3. Tehri- Tehri-Garhwal (Application No. 812/XVII,
Garhwal of Laws) Order, 1950. dated Feb. 28, 1950. Ditto.
District
2. Subs. for subs. (2) of S. 1 by the A. O. 1950.
3. The Act came into force on April 1, 1922.
4. Subs. by the A. O. 1950 for (Provl. Government)
5. Subs. for (Gazette) by the A. O. 1937.
6. Add. by sec. 2 (1) of U. P. Act No. VI of 1959.
7 Ins. by sec. 2 of U. P. Act No. 1 of 1981.
8. Subs. by sec. 2 (1) of U.P. Act No. XXVI of 1975.
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[The Intermediate Education Act, 1921]
means the Principal or Head Master, as the case m ay be, of such
institution. ]1
2[ (bb) “Inspector” means the District Inspector of Schools, and in
in relation to an institution for girls, the Regional Inspectress of Girls’
Schools, as the case may be, and in each case includes an officer
authorized by th e State Government to perform all or any of the
functions of the Inspector under this Act ; ]
3[(bbb) “Invigilator” means a person who assists the Superin -
tendent of a Centre in conducting and supervising the examinations at a
Centre ; ]
4[ (c) “Prescribed” means prescribed by regulations. ]
(d) “Recognition” means recognition for the purpose of preparing
candidates for admission to the Board’s examinations ;
5[(dd) “Regional Deputy Director, Education” means the Deputy
Director of Education in cha rge of a region and includes an officer
authorized by the State Government to perform all or any other duties of
a Regional Deputy Director. ]
(e) “Regulations” means Regulations made by the Board under
this Act.
(f) “State Government” means the Government of Uttar Pradesh.
6[(g) “Superintendent of a Centre” means a person appointed by
the Board to conduct and supervise examinations of the Board and
includes an Additional Superintendent and an Associate
Superintendent. ]
7[Constitution
of the Board]
7[ 3. (1) the Board shall consist of a Chairman (which office shall
shall be held by the Director, ex-officio) and the following other member,
namely —
(a) two heads of the institution, maintained by the State
Government, nominated by the State Government ;
(b) two teachers of the institutions maintained by the State
Government, nominated by the State Government ;
1. Subs. by s. 2 (i) of U. P. Act No. XXVI of 1975.
2. Subs. by s. 2 (ii) Ibid.
3. Ins. by s. 2 (2) of U. P. Act No. VI of 1959 .
4. Subs. by s. 2 (iii) Ibid.
5. Add. by s. 2 (3) of U. P. Act no. XXV of 1958.
6. Ins. By s. 2(3) of U.P. Act no. VI of 1959.
7. Subs. by sec. 2 of U.P. Act No. 16 of 2008.
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[The Intermediate Education Act, 1921]
(c) the Director, State Council of Education al Research and
training Uttar Pradesh, Lucknow or a representative nominated by him;
(d) the Director, State institute of Educational Management and
Training Uttar Pradesh, Allahabad or representative nominated by him;
(e) the Additional Director of Ed ucation (Correspondence),
Correspondence Education Institute, Allahabad ;
(f) the Additional Director of Education, (Vocational Education)
Lucknow ;
(g) two person related to Education, nominated by the State
Government ;
(h) two women related to Wome n’s Education, nominated by the
State Government ;
(i) the Director, State Institute of Science Education, Allahabad,
ex-officio ;
(j) the Principal, State Institute of Education Allahabad ex-officio;
(k) the Director, Bureau of Psychology, Allahabad ex-officio ;
(l) the Secretary, Board of Secondary Sanskrit Education,
Lucknow, ex-officio ;
(m) one District Inspector of Schools nominated by the State
Government ;
(n) one Regional Joint Director of Education nominated by the
State Government ;
(o) the Regional Officer, Central board of Secondary Education ,
Allahabad ex-officio ;
(p) the Principal, Government Physical Training College, Rampur,
ex-officio ;
(q) one Professor of a Degree College affiliated to a University
established by law in U ttar Pradesh no minated by the State
Government;
(r) one Professor of an Engineering College affiliated to an
Engineering University established by law in Uttar Pradesh nominated
by the State Government ;
(s) the Professor of Agricultural University e stablished by law in
Uttar Pradesh, nominated by the State Government ;
(t) the Professor of a Medical College affiliated to a Medical
University nominated by the State Government ;
1[(2) The Secretary of the Board shall be the ex-officio member-
secretary of the Board.]
1. Subs. by sec. 2 of UP Act No. 16, 2008.
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[The Intermediate Education Act, 1921]
(3) As soon as may be after the nomination of the Board has been
completed, the State Government shall notify that the Board has been
duly constituted. ]1
Removal of
member
2 [3-A. The State Government may remove from the Board a
member who in its opinion has so flagrantly 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 reasons for his removal. ]
Term of
office of
members
4. (1) Member other than 3[ex officio members] shall hold office
for a term of three years from the date of the notification published
under 4[sub-section (3) of section 3. ]
5[ Provided that the State Government may, by notification in the
official Gazette, enlarge the term of office of all such members by a
period not exceeding 6 [six months] at a time so however, that the
enlargements, so granted, shall not in the aggregate exceed 6[one year].
6A[ (2) A member of the Board shall cease to be such member
upon his ceasing to have the capacity in which he was 7[nominated] and
his place shall thereupon become vacant. ]
Filling of
vacancies on
expiry of
term of office
8[5. The State Government shall take steps for the reconstitution
of the Board the expiry of the office of members. ]
6. 9 [ * * * * ]
Powers of the
Board
7. Subject to the provisions of this Act the Board shall have the
following powers, namely :–
10 [(I) to prescribe courses of instructions, text -books, other
books and instructional material, if any, for the High School and
Intermediate classes in such branches of education as it thinks fit ;
10(I-A) to publish or manufacture, whether to the exclusion,
complete or partial, of others or otherwise all or any of such text -books,
other books or instructional material ; ]
1. Subs. by section 2 of U.P. Act No. 16 of 2008.
2. Add. by section 4 of U. P. Act No. 35 of 1958.
3. Subs. by section 4 (a) of U. P. Act No. 26 of 19 75.
4. Subs. by section 12 (a) of U.P. Act No. 12 of 1978 .
5. Add. by section 2 of U. P. Act No. IV of 1950.
6. Subs. by section 12 (b) of U.P. Act No. 12 of 1978 .
6A. Subs. by section 4(B) of U.P. Act No. 26 of 1975 .
7. Subs. by section 3 of U.P. Act No. 16 of 2008.
8. Subs. by section 13 of U.P. Act No. 12 of 1978 .
9. Omit. by section 14 of U.P. Act No. 12 of 1978 .
10. Subs. by section 5 (ii) of U.P. Act No. 26 of 1975 and be always deemed to have been substituted.
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[The Intermediate Education Act, 1921]
(2-a) to grant diplomas or certificates to persons who have
pursued a course of study in an institution admitted to the privileges of
recognition by the Board, or
(b) are teachers ; or
(c) have studied privately, under conditions laid down in the
Regulations, and have passed the examinations of the Board under like
conditions ;
(3) to conduct examinations at the end of the High School and
Intermediate courses ;
1 [(4) To recognize new self -financed High Schools and
Intermediate Colleges for the purposes of its examination, after the prior
approval of the State Government:
Provided that notwithstanding anything contained in this Act,
nothing in the Uttar Pradesh High School and Intermediate Colleges
(Payment of Salaries of Teachers and o ther Employees) Act, 1971 or the
Uttar Pradesh Secondary Education Services Board Act, 1982, shall
apply in relation to the new self -financed school granted recognition
under this sub-section]
(5) to admit candidates to its examinations ;
(6) to demand and receive such fees as may be prescribed in the
Regulations ;
2 [(7) to publish or withhold publication of the results of its
examinations wholly or in part ] ;
(8) to co -operate with other authorities in such manner and for
such purposes as the Board may determine ;
(9) to call for reports from 3[the Director] on the condition of
recognized institutions or of institutions applying for recognition ;
(10) to submit to the 4[State Government] its views on any matter
matter with which it is concerned ;
(11) to see the schedules of new demands proposed to be
included in the budget relating to in stitutions recognized by it and to
submit, if it thinks fit, its vie ws thereon for the consideration of the
[State Government]3 ;
(12) to do all such other acts and things as may be requisite in
order to further the objects of the Board as a body constituted for
regulating and supervising High School and Intermediate Education.
4[Recognition
of an
institution in
any new
subject or for
a higher
class]
5 [7-A. Notwithstanding anything contained in clause (4) of
section 7 —
(a) the Board may, with the prior approval of, the State
Government, recognize an institution in any new subject or g roup of
subjects or for a higher class ;
(b) the Inspector may permit an institution to open a new section
in an existing class. ]
1. Subs. by sec. 2 of U. P. Act No. 10 of 2022.
2. Subs. by sec. 5 (ii) of U. P. Act No. 26 of 1975.
3. Subs. by sec. 5 of U. P. Act No. XXXV of 1958 .
4. Subs. for (Provl. Govt.) by the A. O. 1950 which had been substituted for (Minister) by sec. 5 (2) of U. P.
Act No. V of 1941.
5. Subs. by sec. 2 of U. P. Act No. 18 of 1987.
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[The Intermediate Education Act, 1921]
1[Employment
of part time
teachers or
part-time
instructors]
1[ 7-AA. (1) Notwithstanding anything contained in this Act, the
management of an institution may, from its own resources, employ—
(i) as in interim measure part -time teachers for imparting
instructions in any subject or group of subject or for a higher class for
which recognition is given or in any section of an existing class for
which permission is granted under section 7-A ;
(ii) part-time instructors to impart instructions in moral
education or any trade or craft under socially useful productive work or
vocational course.
(2) No recognition shall be given and no permission shall be
granted under section 7 -A, unless the Committee of Management
furnishes such security in cash or by way of Bank guarantee to the
Inspector as may be specified by the State Government from time to
time.
(3) No part -time teacher shall be employed in an institution
unless such conditions as may be specified by the State Government by
order in this behalf are complied with.
(4) No part -time teacher or part -time instructor shall be
employed unless he possesses such minimum qualifications as may be
prescribed.
(5) A part -time teacher or a part -time instructor shall be paid
such honorarium as may be fixed by the State Government by general
or special order in this behalf.
(6) Nothing in this Act shall preclude a person already serving
as a teacher in an institution from being employ ed as a part -time
teacher or a part-time instructor under section 7-AA. ]
2[Exemption]
U. P. Act no.
24 of 1971
2 [ 7 -AB. Nothing in the Uttar Pradesh High School and
intermediate Colleges (Payment of Salaries of Teachers and other
Employees) Act, 1971 o r the Uttar Pradesh Secondary Education
Services Commission and Selection Boards Act, 1982, shall apply in
relation to part-time teachers and part-time instructors employed in an
institution under section 7-AA. ]
Prohibition of
Unauthorized
Conferment of
Diplomas and
Certificates
7-B. No person shall confer, grant or issue or hold himself out
entitled to confer, grant or issue any diploma or certificate or other
document stating or implying that the holder, grantee or recipient has
pursued a course of st udy, in any institution or privately, and has
passed the High School or Intermediate Examination or any
examination described in a manner reasonably calculated to cause it to
be believed to be the High School or Intermediate Examination ;
1. Ins. by sec. 3 of U. P. Act No. 18 of 1987 .
2. Ins. by sec. 3 of U. P. Act No. 18 of 1987 .
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[The Intermediate Education Act, 1921]
Bar of
charging any
donation for
admission to
an institution
7-C. No person connected with the management of an
institution and n o Head of the Institution or teacher or any other
employee thereof shall directly or indirectly take or receive or cause to
be taken or received any contribution, donation, fees , or any other
payment of any s ort, either in cash or in kind, except the fees at the
rates specified in any order issued by the State Government in this
behalf, from or on behalf of any student 1[as a condition for granting
him admission to such institution. ]
Penalty for
contravention
of section 7-B
or section 7-C
2[7-D. Whoever contravenes the provisions of section 7 -B or
section 7-C, shall be punishable with imprisonment for a term which
may extend to three years and also with fine which shall not be less
than one thousand rupees and if the person so contravening is a
society or any association of persons every member of such society or
association who knowingly and willingly authorizes or permits such
contravention, shall be so punishable. ]
Power of
utilization of
donations
3[7-E. Where a contribution or donation, either in cas h or in
kind, is taken or received by an institution including an institution
maintained exclusively by the State Government or a local authority,
the contribution or donation so received shall be utilized only for the
purpose for which it was given to it and in the case of an institution
maintained exclusively by the State Government, the cash contribution
or donation shall be credited to the personal ledger account of such
institution which shall be operated in accordance with the general or
special orders of the State Government. ]
Exemption of
certain
Universities
from the
operation of
the Act
8. Nothing in the Act shall affect the consti tution, powers or
functions of the Banaras Hindu University 4[or the Aligarh Muslim
University] except with their consent recorded in writing.
Powers of
State
Government
9. (1) The 5[State Government] shall have the right to address
the Board with reference to any of the work conducted or done by the
Board and to communicate to the Board its views on any matter with
which the Board is concerned.
(2) The Board shall report to the [State Government] 5 such
action, if any, as it is proposed to take or has been taken upon its
communication.
(3) If the Board does not, within a reasonable time, take action
to the satis faction of the [State Government] 5 the [State Government]5
may, after considering any explanation further furnished or
representation made by the Board, issue such directions consistent
with this Act as it may think fit, and the Board shall comply with suc h
directions.
1. Subs. by sec. 32 of U. P. Act No. 5 of 1977.
2. Ins. by sec. 6 of U. P. Act No. 26 of 1975.
3. Ins. by sec. 33 of U. P. Act No. 5 of 1977.
4. Subs. by sec. 15 of U. P. Act No. 12 of 1978.
5. Subs. for (Provl. Govt.) by the A. O. 1950.
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[The Intermediate Education Act, 1921]
1[(4) Wh enever, in the opinion of the State Government, it is
necessary or expedient to take immediate action, it may, without
making any reference to the Board under the foregoing provisions, pass
such orders or take such other action consistent with the provisions of
this act as it deems necessary, and in particular, may by such order
modify or rescind or make any regulation in respect of any matter and
shall forthwith inform the Board accordingly.
(5) No action taken by the State Government under sub -section
(4), shall be called in question.]1
Officers of the
Board
10. The following shall be the officers of the Board ;
(1) The Chairman,
(2) The Secretary,
(3) Such other officers as may be declared by the Regulations to
be officers of the Board.
Powers and
duties of
Chairman
11. (1) It shall be the duty of the Chairman to see that this Act
and the Regulations are faithfully observed and he shall have all
powers necessary for this purpose.
(2) The Chairman shall have power to convene meetings of the
Board, and shall call a meeting, at any time after due notice, on a
requisition signed by 2[not less than one- fourth of the total member -
ship of the Board] and stating the business to be brought before the
meeting.
(3) In any emergency, arising out of the administrative business
of the Board, which, in the opinion of the Chairman, requires that
immediate action should be taken, the Chairman shall take such
action as he deems necessary, and shall thereafter report his action to
the Board at its next meeting.
(4) The Chairman shall exercise such other powers as may be
prescribed by the Regulations.
Appointment,
powers and
duties of
Secretary
12. (1) The Secretary shall be appointed by the 3 [state
government] upon such conditions and for such period as the m ay
deem fit.
4[ * * * ]
(2) The Secretary, shall, subject to the control of the Board, be
the administrative officer of the Board. He shall be responsible for the
presentation of the annual estimates and statement of accounts.
(3) He shall be responsible for s eeing that all moneys are
expended on the purpose for which they are granted or allotted.
(4) He shall be responsible for keeping the minutes of the Board.
1. Subs. by section 7 of U.P. Act No. 26, 1975.
2. Subs. by section 8 ibid.
3. Subs. for Provincial Government by AO 1950.
4. Omit. by s. 9 (i) of U. P. Act No. 26 of 1975.
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[The Intermediate Education Act, 1921]
1[(4-A) He shall exercise such powers as are necessary for the
conduct of the examinations. ]
(5) He shall exercise such other powers as may be prescribed by
the Regulations.
(6) 2[ * * * ]
Appointment
and
constitution
of Committees
3[13. (1) The Board shall appoint the following Committees and
different committees may be appointed for different areas of the State,
namely :—
(a) Curriculum Committee,
(b) Examinations Committee,
(c) Results Committee,
(d) Recognition Committee; and
(e) Finance Committee.
4[(2) Such Committees shall consist of the members of the Board
only :
Provided that no member of the Board shall be the member of
more than one kind of Committee of these Committees and the members
of the Committees shall hold office as such till they are members of the
Board. ]
(3) In addition to the committees mentioned in sub -section (1),
the Board shall appoint such other committees, if any, as may be
prescribed and different such committees may be appointed for different
areas.
(4) These additional committees shall be constituted in su ch
manner and the term of members of such committees shall be such as
may be prescribed. ]
Exercise of
power
delegated by
board to
Committees
14. All matters relating to the exercise by the Board of powers
conferred upon it by this Act which have by Reg ulation been delegated
by the Board to any one of its Committees shall stand referred to that
Committee, and the Board before exercising any such powers shall
receive and consider the report of the Committee with respect to the
matter in question.
XLV of 1860 5[14-A. (1) A Superintendent of a Centre and an invigilator shall
be deemed to be a public servant under section 21 of the Indian Penal
Code, 1860 during the course of examination or examinations
conducted by the Board and for a period of one month prior to the
commencement of, and of two months immediately following, such
examination or examinations.
1. Ins. by section 9 (ii) of U.P. Act No. 26 of 1975.
2. Omit. by section 9 (iii) of U.P. Act No. 26 of 1975 .
3. Subs. by sec. 10 of U. P. Act No. 26 of 1975.
4. Subs. by sec. 4 of U. P. Act No. 16 of 2008.
5. Ins. by sec. 3 of U.P. Act 06 of 1959.
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[The Intermediate Education Act, 1921]
(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 and shall be a cognizable
offence. ]1
Power of
Board to make
Regulations
REGULATIONS
15. (1) The Board may make Regulations for the purpose of
carrying into effect the provisions of this Act.
(2) In particular and without prejudice to the generality of the
foregoing power the Board may make Regulations providing for all or any
of the following matters, namely :–
(a) the constitution, powers and duties of Committees ;
(b) the conferment of diplomas and certificates ;
(c) the conditions of recognition of institutions for the purposes of
its examinations ;
(d) the courses of study to be laid down for all certificates and
diplomas ;
(e) the conditions under which candidates shall be admitted to
the examinations of the Board and shall be eligible for diplomas and
certificates ;
(f) the fees for admission to the examinations of the Board ;
(g) the conduct of examinations ;
(h) the appointment of examiners and their duties and powers in
relation to the Board’s examinations ;
(i) the election of members to the Board under 2[Clause (c)] of
sub-section (I) of section 3 ;
(j) the admission of institutions to the privileges of recognition
and the withdrawal of recognition ;
(k) all matters which by this Act are to be or may be provided for
by Regulations ;
(l) the conditions under which grants -in-aid shall be given to
institutions recognized by the Board.
3[ (m) the formation of parent-teacher association. ]
Previous
publication
and sanction
of Regulations
made by
Board
4[16. (1) Regulations under section 15 shall be made only with
the previous sanction of the State Government and shall be published in
the Gazette.
1. Add. by s. 3 of U. P. Act VI of 1959.
2. Subs. by sec. 17 of U. P. Act No. 12 of 1978.
3. Ins. by sec. 34 of U. P. Act No. 5 of 1977.
4. Ins. By sec. 12 of U.P. Act No. 26 of 1975.
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[The Intermediate Education Act, 1921]
(2) The State Government may sanction any such regulation
proposed by the Board either without modification or with such
modification as it thinks fit. ]1
Scheme of
Administra-
tion
2[ 16-A. (1) Notwithstanding anything in any law, document, or
decree or order of a Court or other instrument, there shall be a Scheme
of Administration (hereinafter referred to as the Scheme of
Administration ) 3 [for every State Government Aided Institution] ,
whether recognized before or after the commencement of the
Intermediate Education(Amendment) Act, 1958. The Scheme of
Administration shall amongst other matters provide for the constitution
of a Committee of Management (hereinafter called the Committee of
Management) vested with authority to manage and conduct the affairs of
the institution]. 4[The head of the institution]; and two teachers thereof,
who shall be selected by rotation according to seniority, in the manner to
be prescribed by regulations, shall be
ex-officio members of the Committee of Management with a right to vote.
(2) No member of the Committee of Management shall either
attend a meeting of the committee or exercise his right to vote whenever
a charge concerning his personal conduct is under discussion.
(3) The Scheme of Administration shall also describe, subject to
any regulations, the respective powers, duties and functions of 5[the
head of the institution] and Committee of Management in relation to the
institution.
(4) Where more than one recognized institution is maintained by
a body or authority there shall be separate Committee of Management
for each institution unless otherwise provided in the regulations for any
class of institutions.
(5) The Scheme of Administration of every institution on shall be
subject to the approval of the Director and no amendment or change in
the Scheme of Administration shall be made at any time without the
prior approval of the Director.
6 [Provided that where the Management of an institution is
aggrieved by an order of the Director refusing to approve an amendment
or change in the Scheme of Administration , the State Government, on
the representation of the Management, may, if it is satisfied that the
proposed amendment or change in the Scheme of Administratio n is in
the interest of the institution, order the Director to approve of the same,
and thereupon the Director shall act accordingly. ]
(6) Every recognized institution shall be managed in accordance
with the Scheme of Administration framed under and in accordance
with sub-section (1) to sub-section (5) and sections 16-B and 16-C.
1. Ins. by sec. 12 of U. P. Act No. 26 of 1975 .
2. Sections 16-A to 16-I added by sec. 7 of U. P. Act No. XXXV of 1958 .
3. Subs. by sec. 2 of U.P. Act No. 15 of 2022.
4. Subs. by sec. 13 (a) of U.P. Act No. 26, 1975 .
5. Subs. by sec. 13 (a) ibid.
6. Ins. by s. 13 (c) of U.P. Act No. 26, 1975.
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[The Intermediate Education Act, 1921]
1 [ (7) Whenever there is dispute with respect to the
Management of an institution, persons found by the Regional Deputy
Director of Education, upon such enquiry as is deemed fit to be in
actual control of its affairs may, for purposes of this Act, be recognized
to constitute the Committee of Management of such institution until a
court of competent jurisdiction directs otherwise :
Provided that the Regional Deputy Director of Educati on shall,
before making an order under this sub -section, afford reasonable
opportunity to the rival claimants to make representations in writing.
Explanation—In determining the question as to who is in
actual control fo the affairs of the institution, the Regional Deputy
Director of Education shall have regard to the control over the funds of
the Institution and over the administration, the receipt of income from
its properties, the Scheme of Administration approved under sub -
section (5) and other relevant circumstances. ]
16-B. (1) In the case of an institution already recognized at the
date of the commencement of the Intermediate Education (Amendment)
Act, 1958, a draft of the Scheme of Administration shall be prepared
and submitted to the Director f or his approval in accordance with
section 16-C within six months from the said commencement and in
all other cases along with the application for recognition.
(2) If an institution which is already recognized at the
commencement of the Intermediate Education (Amendment) Act, 1958,
fails to comply with the provision 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 :
Provided that on a representation by the 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 of Administration is not submitt ed within the
time allotted the Director shall take action in accordance with 2[sub-
section (3) of section 16-D.]
16-C. (1) 3[Subject to the provisions of this Act] the Director
shall within such period of time as may be prescribed, either approve
the draft Scheme of Administration submitted under section 16 -B, or
suggest any alteration or modification therein. Whenever the Director
shall so suggest any alteration or modification in the Scheme of
Administration he shall send a copy of the same to the inst itution
giving his reasons therefor and affording an opportunity to the
institution to make a representation, within such period of time as may
be prescribed:
1. Ins. by sec. 3 of U. P. Act No. 01 of 1981.
2. Subs. by sec. 4 of U. P. Act No. 01 of 1981.
3. Subs. by sec. 5 of U. P. Act No. 01 of 1981.
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[The Intermediate Education Act, 1921]
Provided that if the Director does not suggest any a lteration or
modification in the Draft Scheme of Administration within the period of
time prescribed by regulations, the Draft Scheme of Administration
shall be deemed to have been approved.
(2) The Director shall consider any representation made in
accordance with the provision of sub -section (1) and may approve the
Scheme of Administration in its original form or subject to the
alteration and modification suggested under the said sub -section or
with any other changes as may appear to him to be just and proper :
Provided that where the Director propose to make a new
alteration or modification in the Scheme of Administration he shall give
an opportunity to the institution to make a representation to him
within such period of time as may be prescribed.
1 [16-CC. The Scheme of Administration in relation to any
institution whether recognized before or after the commencement of
the Intermediate Education (Amendment) Act, 1980, shall not be
inconsistent with the principles laid down in the Third Schedule.
16-CCC. (1) Where in relation to any institution, the Scheme of
Administration has been or deemed to have been approved under
section 16-A or section 16 -B or section 16 -C. at any time before the
commencement of the Intermediate Education (Amendment) Act, 1980,
and such Scheme of Administration is inconsistent with the provisions
of this Act, the Director shall send, within a period of 2[three years]
from such commencement, a notice to such institution suggesting any
alteration or modification therein an d requiring the institution to
submit a fresh Scheme of Administration or to amend or alter the
existing Scheme.
(2) While making any suggestion in the Scheme of
Administration under sub -section (1), the Director shall give his
reasons therefor and shall also afford an opportunity to the institution
to make a representation within such period as may be specified in the
notice.
(3) The Director shall consider any representation made in
accordance with sub -section (2) and may approve the Scheme of
Administration in its original form or subject to any alteration or
modification suggested under sub -section (1) or with any other
changes as may appear to him to be just and proper :
Provided that where the Director proposes to make any new
alteration or mo dification in the Scheme of Administration, he shall
give an opportunity to the institution to make a representation within
such period as may be specified by him.]
1. Subs. by sec. 6 of U. P. Act No. 01 of 1981.
2. Subs. by sec. 2 of U. P. Act No. 06 of 1984.
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[The Intermediate Education Act, 1921]
1[16-D. (1) The Director may cause a recognized institution to
be inspected from time to time.
(2) The Director may direct a management to remove any defect
or deficiency found on inspection or otherwise.
(3) On the receipt of information or otherwise, the Director is
satisfied that —
(i) the Committee of Management of an institution has failed to
comply with the judgment of any court or any direction made under
this Act or any other law for the time being in force ; or
(ii) the Committee has failed to appoint teaching staff
possessing such qualifications as are necessary for the purpose of
ensuring the maintenance of academic standard in the institution or
has appointed or retained in service any teaching or non-teaching staff
in contravention of the provisions of this Act or the Regulations ; or
(iii) any dispute with respect to the right claimed by different
persons to be lawful office -bearers of the Committee of Management
has affected the smooth and orderly administration of the institution
concerned ; or
(iv) the Committee has persistently failed to provide the
institution with such adequate and proper accommodation, library,
furniture, stationery, laboratory equipment or other facilities as are
necessary for the efficient administration of such institution ; or
(v) the Committee has substantially diverted misapplied or
misappropriated the property of the institution to its detriment or has
transferred any property in contravention of the provisions of the Uttar
Pradesh Educational Insti tutions (Prevention of Dissipation of Assets)
Act, 1974 ; or
(vi) the draft of the Scheme of Administration has not been
submitted within the time allowed therefor under section 16-B, or that
the Management of the institution is being conducted otherwis e than
in accordance with the Scheme of Administration or the affairs of the
institution are being otherwise mis-managed ;
(vii) the Scheme of Administration in relation to an institution,
approved before the commencement of the Intermediate Education
(Amendment) Act, 1980, is inconsistent with the provisions of this Act
and the management of the institution has failed to alter or modify it
within a reasonable time despite notice under section 16-CCC ;
he may refer the case to the Board for withdrawal of recognition
of such institution, or issue notice to the Committee of Management to
show cause within thirty days from the date of receipt of such notice
why an order under sub-section (4) should not be made.
(4) Where the Committee of Management of an institution fails
to show cause within the time allowed under sub -section (3) or within
such extended time as the Director may from time to time allow, or ]
1. Subs. by sec. 6 of U.P. Act No. 01 of 1981.
30
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[The Intermediate Education Act, 1921]
[where the Director is after considering the cause shown by the
Committee of Management, satisfied that any of the grounds
mentioned in sub -section (3) exists, he may, recommend to the State
Government to appoint an Authorized Controller for that institution,
and thereupon, the State Government may, by order, for reasons to be
recorded, authorize any person (hereinafter referred to as the
Authorized Controller) to take over, for such period not exceeding two
years, as may be specified, the Management of such institution and its
properties :
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 and its properties, 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 operation of the order, in cluding the period specified in the initial
order, but excluding the period specified in sub -section (8), 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 function as
such, until the State Government is satisfied that a Committee of
Management has been lawfully constituted.
(5) If on the receipt of information or otherwise, the State
Government is of opinion that in relation to an institution the gro und
mentioned in clause (iii) or clause (v) of sub-section (3) exists, and that
the interest of the institution calls for immediate action. It may,
notwithstanding anything containe d in the said sub -section, issue
notice to the Management of such institution to show cause within
fifteen days from the date of receipt of such notice why an Authorised
Controller be not appointed in respect of such institution.
(6) Where the Committee of Management of the concerned
institution fails to show cause within the time allowed under sub -
section (5), or within such extended time as the State Government
may, from time to time allow, or where the State Government is, after
considering the cause s hown by the Committee of Management,
satisfied that any of the grounds mentioned in clause (iii) or clause (v)
of sub -section (3) exists, it may by order and for reasons to be
recorded, appoint an Authorized Controller in respect of such
institution, and t hereupon, the provisions of sub -section (4) shall,
mutatis mutandis apply.
(7) Every notice issued by the Director under sub-section (3) on
or before the service of the notice referred to in sub -section (5) and not
finally disposed of on the date of such service shall, with effect from the
said date, be deemed to have been placed in abeyance :
Provided that nothing contained in this sub -section shall be
deemed to prevent the Director to take action upon grounds other than
those mentioned in clauses (iii ) and (v) of sub -section (3) in case the
notice issued by the State Government under sub -section (5) is
discharged.
(8) If the State Government is of opinion that immediate
suspension of the Committee of Management is also necessary or
expedient in the interest of the institution concerned, it may, while
issuing notice under sub-section (5), by order and for reasons to be]1
1. Ins.By sec. 6 of U.P. Act No. 01, 1981.
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[The Intermediate Education Act, 1921]
[recorded, suspend the Committee of Management and make such
arrangement as it thinks proper for managing the affairs of the
institution pending the order that may subsequently be made under
sub-section (6) ;
Provided that the suspension shall not remain in force for more
than six months from the date it becomes effective.
Explanation I — For the removal of doubts it is hereby
declared that in computing the period of time specified in sub -
section (4) or sub -section (8), th e time during which the operation of
the order was suspended by the High Court in exercise of the powers
under Article 226 of the Constitution shall be excluded.
Explanation II — Nothing in sub -section (4) or
1[sub-section (6)] shall preclude the Stat e Government from revoking
an order of appointment of an Author ized Controller appointed under
any of the said provisions.
(9) Nothing in this section shall be construed to confer on the
Authorized Controller appointed under sub -section (4) or sub -
section (8), the power to transfer any immovable property belonging to
the institution (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 for the institution
from the State Government or the Government of India.)
(10) Any order made under this section shall have effect
notwithstanding anything inconsistent therewith contained in any
other enactment or in any instrument (including any Scheme o f
Administration) relating to the management and control of the
institution or its property :
Provided that the property of the institution and any income
therefrom shall continue to be applied for the purposes of the
institution as provided in any such instrument.
(11) The Director may give to the Authorized Controller such
directions as he may deem necessary for the proper management of the
institution or its properties, and the Authorized Controller shall carry
out those directions.
(12) No orde r made by the Board withdrawing recognition in
pursuance of a reference made under sub -section (3) and no order
made or direction given under this section by the Director or the State
Government shall be called in question in any court, and no
injunctions shall be granted by any court in respect of any action
taken or to be taken in pursuance of any power conferred by or under
this section.
(13) 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 for the
time being in force.] 1
1. Ins. by s. 6 of U.P. Act No. 01, 1981
34
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[The Intermediate Education Act, 1921]
1[(14) Nothing contained in sub-section (3) to (13) shall apply to
an institution established and administered by a minority referred to in
clause (1Excerpt shown. Open the full act in Lexace.