The UTTAR PRADESH TRAINING COLLEGES (PAYMENT OF SALARIES OF TEACHERS AND OTHER EMPLOYEES) ACT, 1978

 
THE UTTAR PRADESH TRAINING COLLEGES (PAYMENT OF 
SALARIES OF TEACHERS AND OTHER EMPLOYEES) 
ACT, 19781 
 [U.P. Act no. 4 of 1979] 
[As passed by the Uttar Pradesh Legislature, assented to by 
the President on January 12, 1 979 and published in U.P. Gazette 
Extraordinary dated  January 19, 1979.] 
AN 
ACT 
to regulate the payment of salaries of teachers and other 
employees of the training colleges receiving aid out of the state 
funds and to provide for matters connected therewith. 
II IS HEREBY enacted in the Twenty -ninth Year of the 
Republic of India as follows:- 
Short title and 
commencement 
1. (1) This Act may be called the Uttar Pradesh Training 
Colleges (Payment of Salaries of Teachers and Other Employees) Act, 
1978. 
 (2) It shall come into force on such date as the State 
Government may, by notification, appoint in that behalf. 
Definitions 2. In this Act,- 
 (a)  "College" means a recognised College imparting 
training in 'Licenciate in Teaching' to Teachers for Higher 
Secondary S chools, and for the time being receiving 
maintenance grant from the State Government; 
 (b)  "Deputy Director" means the Regional Deputy Director 
of Education, and includes any other officer authorised by the 
State Government to perform alll or any of the functions of the 
Deputy Director under this Act; 
 (c) "employee" of a collegs means a non-teaching employee 
in respect of whose employment maintenance grant is paid by 
the State Government to the college; 
 (d)  " maintenance grant" means such grant -in-aid of a 
college as the State Government by general or special order in 
that behalf directs t o be treated as maintenance grant 
appropriate to the level of that college. 
 (e) "management", in relation to a college, means the 
managing committee or other body charged with managing the 
affairs of that college. 
 (f) "salary" of a teacher or employee means the aggregate 
of the emoluments, including dearness or any other allowance 
for the time being payable to him at the rates approved for the 
purpose of payment of maintenance grant; 
 (g) "teacher", in relation to a college means a teacher in 
respect of whose e mployment maintenance grant was being 
paid by the State Government during the financial year  
1976-77. 
1. For Statement of Objects and Reasons see at the end of this Act. 
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[The Uttar Pradesh Training Colleges (Payment of Salaries of Teachers and Other Employees) Act, 1978]  
Payment of 
salary within 
time and 
without 
unauthorised 
deductions 
3. (1) notwithstanding any contract to the contrary , the 
salary of a teacher or employee of a college, in recpect of any period 
after the date of commencement of this Act, shall be paid to him 
before the expiry of the twentieth day or such earlier day as the  State 
Government may by general or special order in that behalf, appoint of 
the month next following the month in respect of which or any part of 
which, it is payable. 
 (2) the salary shall subject to the provisions of sub -section (3), 
be paid without deductions of any kind except those authorised by a 
general or special order of the State Government in that behalf or by 
any other law for the time being in force. 
 
(3) where the salary of a teacher or employee of a college is not 
paid in accordance with sub-section (1) due to any default on the part 
of the management, the Deputy director may without prejudice to any 
other provisions of this Act, pay or cause to be paid within ten days 
from the date mentioned in that sub -section, such salary from the 
moneys credited to the account mentioned in sub -section (1) of 
section 5 at the rate of salary last drawn by such teacher or 
employee, as the case may be, and in case of fresh appointment at 
the rate of the minimum of the pay scale in which he has been 
appointed, and any adjustment in respect of such payment shall, 
thereafter, be made as soon as possible. 
Power to 
inspect and to 
issue directions 
4. (1) the Deputy Director may, at any time, for the purposes 
of this Act inspect or cause to be inspected any college or call for 
such information and records (including registers, books of account 
and vouchers) from its management with regard to the payment of 
salaries to its teachers or employees or give to its management any 
direction for the observance of such cano ns of financial propriety 
(including any directio n for retrenchment of any teach er or employee 
or for prohibition of any wasteful expenditure) as he thinks fit. 
 (2) Every direction for retrenchment under sub -section (1) 
shall be issued after obtaining the prior approval of the Director of 
Education and shall specify by future date on which such 
retrenchment shall become operative. 
 (3) Where any direction for retrenchment is issued in 
accordance with sub-sections (1) and (2), the teacher or the employee 
concerned shall, with effect from the date specified in such direction, 
cease to be a teacher or employee of the college for the purposes of 
the maintenance grant. 
Procedure for 
payment of 
salary 
5. (1) The management of every college shall, for the pur pose 
of disbursement of salaries to its teachers and employees, open in a 
Scheduled Bank or a co -operative bank a separate account 
(hereinafter called "Salary Payment Account") to be operated jointly 
by a representative of the management and by the Deputy Director or 
such other officer as may be authorised by the Deputy Director in 
that behalf: 
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[The Uttar Pradesh Training Colleges (Payment of Salaries of Teachers and Other Employees) Act, 1978]  
 Provided that after the Salary Payment Account is opened the 
Deputy Director may, if he is, subject to any rules made under section 
12, satisfied that it is expedient in the public interest so to do instruct 
the bank that the account shall be operated by the representative of 
the management alone, and may at any time revoke such instruction: 
 Provided further that in the case referred to in sub -section (3) 
or where in any other case after giving to the management an 
opportunity of showing cause, the Deputy Director is of opinion that it 
is necessary or expedient so to do, the Deputy Director may instruct 
the bank that the Salary Payment Account shall be operated only by 
himself or by such other officer as may be authorised by him in that 
behalf and may at any time revoke such instruction. 
 (2) The State Government may, from time to time, require by 
general or special order that the management of a college shall deposit 
in the Salary payment Account such portion of the amount received 
from students as fees  and also such portion of the income , if any, 
received from any property, movable or immovable belonging to or 
endowed wholly or partly for the benefit of the college, and by such 
date, as may be specified in that order and thereupon, the 
management shall be bound to comply with such directions. 
 (3) Where the Deputy Director is of opinion that the 
management has failed to deposit the fees in accordance with the 
provisions of sub -section (2) or the orders issued thereunder, the 
Deputy Director may by order, prohibit the Management from realising 
any fee from the students and thereupon, the Deputy Director may 
realise the fees (either through the teachers of the college or in such 
other manner as he thinks fit) directly from the students and shall 
deposit the fees so recovered in the Salary Payment Account. 
 (4) The State Government shall also pay into the Salary 
Payment Account such amount as maintenance grant, which after 
taking into consideration the amounts deposited under sub- section (2) 
and (3), is necessary for making payment in accordance with sub -
section (5). 
 (5) No money credited to the Salary Payment Account shall be 
applied for any purpose except the following namely : 
 (a)  for payment of salary to the teachers and employees of 
the college falling due for any period after the commencement 
of this Act; 
 (b) for crediting the management's contribution, if any to 
the provident fund account of teachers and employees of the 
college. 
 (6) The salary of a teacher or employee shall be paid by transfer 
of the amount from the Salary Payment Account to his account, if any, 
in the same bank, or if he has no account in that bank, then by 
cheque. 
 
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[The Uttar Pradesh Training Colleges (Payment of Salaries of Teachers and Other Employees) Act, 1978]  
 (7) In respect of a place where there is no Scheduled Bank or 
a co-operative bank the provisions of this section shall apply with 
such modification, as the State Government may, by notification, 
specify and references in this section to a bank shall in that case be 
construed as references to a post office saving bank. 
Liabillity in 
respect of salaray 
6. (1) the State Government shall be liable for payment of 
salaries of teachers and employees of every college due in respect of 
any period after the commencement of this Act. 
 (2) The State Government may recover any amount in 
respect of which any liability is incurred by it under sub -section (1) 
by attachment of the income from the property belonging to or 
vested in the college as if that amount were an arrear of land 
revenue due from such college. 
  (3) Nothing is t his section shall be deemed to derogate from 
the liability of the college for any such dues to the teacher or 
employee. 
Approval for 
posts  
7. No college shall create a new post of teacher or employee 
except with the  previous approval of the director of Education or 
such other officer as may be empowered in that behalf by the 
Director. 
Punishment 
penalties and 
procedure 
8. (1) If any default i s committed in complying with any 
direction under  section 4, or with the provisions of section 3 or 
section 5, every person who at the time the default was committed 
was manager or any other person vested with the authority to 
manage and conduct the affai rs of the college shall, unless he 
proves that the default was committed without his knowledge or 
that he exercised all due diligence to prevent the commission of the 
default, be punishable in the case of a default in complying with the 
provisions of section 3 with fine which may extend to one thousand 
rupees, and in the case of any other default, with imprisonment 
which may extend to six months or with fine which may extend to 
one thousand rupees or with both. 
 (2) No court shall take cognizance of any of fence punishable 
under this section except with the previous sanction of the Deputy 
Director. 
 (3) Every offence under this section shall be cognizable but 
no police officer below the rank of a Deputy Superintendent shall 
investigate any such offence without the order of a magistrate of the 
first class or make arrest therefor without a warrant. 
 (4) No court below the rank of a magistrate of the first class 
shall take cognizance of an offence under this sction. 
Finality of orders 9. No order made or direction given by the State 
Government, the Director of Education the Deputy Director or other 
officer in exercise of any power conferred by or under this Act shall 
be called in question in any court. 
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[The Uttar Pradesh Training Colleges (Payment of Salaries of Teachers and Other Employees) Act, 1978]  
Protection of act 
in good faith 
10. No suit prosecution or other legal proceeding shall lie 
against the State Government or any officer of the State 
Government in respect of anything which in good faith is done or 
intended to be done in pursuance of this Act or any rule, order or 
direction made or given thereunder. 
Power to remove 
diffculties 
11. (1) If any difficulty arises in giving effect to the 
provisions of this Act, or by reason of anything contained in thisAct, 
the State Government may, by a notified order make such 
incidental or con sequential provisions, including provisions for 
adapting or modifying any provision of this Act, but not affecting 
the substance as it may think necessary or expedient for the 
purposes of this Act. 
 (2) No order under sub -section (1) shall be made after t he 
expiration of a period of three years from  the commencement of 
this Act. 
 (3) Every order made under sub -section (1) shall be laid as 
soon as may be, before both the Houses of the State Legislature. 
Power to make 
rules 
12. The State Government may, by notification make rules 
for carrying out the purposes of this Act. 
 
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STATEMENT OF OBJECTS AND REASONS 
There is a general complaint that the  salaries of teachers and non -teaching 
employees of the non -Government, aided I.  T. Colleges are not disbursed in time 
thereby causing hardship to those employees. The Bill seeks to make provisions to 
ensure regular and timely payment of salaries to the said employees . 
The Uttar Pradesh Training Colleges ( Payment of Salaries of  teachers and other 
Employees) Bill, 1978, is being introduced accordingly. 
 
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