The UTTAR PRADESH HIGH SCHOOLS AND INTERMEDIATE COLLEGES (PAYMENT OF SALARIES OF TEACHERS AND OTHER EMPLOYEES) ACT, 1971

1 
THE UTTAR PRADESH HIGH SCHOOLS AND INTERMEDIATE 
COLLEGES (PAYMENT OF SALARIES OF TEACHERS AND 
OTHER EMPLOYEES) ACT, 19711 
[ U. P. ACT No. 24 of 1971 ] 
Amended by 
U. P. Act no. 26 of 1975 
U. P. Act no. 3 of 2007 
[ Passed in Hindi by the Uttar Pradesh Legis lative 
Assembly on 10th August, 19 71 and by the Uttar Pradesh 
Legislative Council with amendments on 17th August , 1971 and 
the amendment made by the U.P. Legislative Council was 
accepted by the U. P. Legislative Assembly on 19th August, 
1971. 
Received the assent of the President on 29th August , 
1971, under Article 201 of the Constitution of India and was 
published in the Uttar Pradesh Gazette Extraor dinary, dated 
30th August, 1971. ] 
AN 
ACT 
to regulate the payment of salaries to teachers and other 
employees of High Schools and Intermediate Colleges receiving 
aid out of the State funds and to provide for matters connected 
therewith. 
IT IS HEREBY enacted in the Twenty -second Year of the  
Republic of India as follows  : — 
Short title, 
extent and 
commencement 
1. (1) This Act may be called the Uttar Pradesh High Schools
and Intermediate Colleges (Payment of Salaries of Teachers and Other 
Employees) Act, 1971. 
(2) It extends to the whole of Uttar Pradesh.  
(3) It shall be deemed to have come into force on August 1, 
1971. 
Definitions 2. In this Act unless the context otherwise requires —
(a) “Inspector” means the District Inspector of Schools, and in 
relation to a girls’ institution, the D istrict Inspectress of Girls’ 
Schools or the Regional Inspectress of Girls’ Schools, as the case may 
be, and in each case includes any other officer authorized by the 
State Government to perform all or any of the functions of the 
Inspector under this Act ; 
2[ (b) “institution” means a recognized institution for the time 
being  receiving  maintenance  grant  from the State Government and  
——————————————————————————————————————————  
1. For Statement of Objects and Reasons see Uttar Pradesh Gazette Extraordinary, 19th July, 1971.
2. Sub.  by sec. 2 (d)  of U. P. Act 3  of 2007.

[The Uttar Pradesh High Schools and Intermediate Colleges {Payment of Salaries of Teachers and Other 
Employees) act, 1971 
2 
include a Sanskrit Mahavidayalaya or a Sanskrit Vidyalaya receiving 
maintenance grant from the State Government. ] 
(c) “maintenance grant” means such grant -in-aid of an 
institution as the State Government by general or special order in that 
behalf directs to be treated as maintenance grant appropriate to the 
level of the institution ;   
(d) “management” in relation to any institution, means the 
committee of management constituted in accordance with the scheme 
of administration, if any, and inc ludes the manager or other person 
vested with the authority to manage and conduct the affairs of the 
institution ; 
(e) “teacher” of an institution means a principal, headmaster or 
other teacher in respect of whose employment maintenance grant is 
paid by the State Government to the institution and includes any other 
teacher employed in fulfilment of the conditions of recognition of the 
institution or its recognition in a new subject or for a higher class or as 
a result of the opening with the approval of t he Inspector of a new 
section in an existing class ; 
(f) “employee” of an institution means a non -teaching employee 
in respect of whose employment maintenance grant is paid by the 
State Government to the institution ;  
U. P. Act , II 
of 1927 
(g) “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 ; 
(h) other words and expressions define d in the Intermediate 
Education Act, 1921, and not herein defined shall have the meanings 
assigned to them in that Act.  
Payment of 
salary within 
time and 
without 
unauthorized 
deductions 
3. (1) Notwithstanding any contract to the contrary, the salary
of a teacher or other employee of an institution is respect of any period 
after the thirty-first day of March, 1971, 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 tha t behalf appoint, of 
the month next following the month in respect of which or any part of 
which, it is payable.  
(2) The salary 1[shall, subject to the provisions of sub -section 
(3) be paid] ; without deductions of any kind except those authorized 
by the regulations or by any rules made under the Act or by any other 
law for the time being in force. 
2[(3) Where the salary of a teacher or other employees of an 
institution is not paid in accordance with sub section (1) and to any  
default  on  the  part  of the management, the  inspector  may, without  
——————————————————————————————————————————  
1. Subs. by section 17(a) of U.P. Act No. 26 of 1975.
2. Ins. by section 17(b) of ibid.

[The Uttar Pradesh High Schools and Intermediate Colleges {Payment of Salaries of Teachers and Other 
Employees) act, 1971 
3 
prejudice to any other provisions of this Act, pay or cause to be paid 
within ten day s 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 a t 
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. ]1 
Power to 
inspect etc. 
4. (1) The Inspector may at any time, for the purposes of th is
Act, inspect or cause to be inspected any intuition 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 cannons of financial propriety (including any 
direction for retrenchment of any teacher or employee or for 
prohibition of any wasteful expenditure) as he thinks fit.  
(2) Where a direction under sub -section (1) is given for 
retrenchment of any teacher or employee, it shall be complied with in 
accordance with the provisions of the Intermediate Education Act, 
1921 and the regulations or, as the case may be, the conditions of his 
service.  
Procedure of 
payment of 
salary in the 
case of 
certain 
institutions 
5. (1) The management of every institution shall for the
purposes of disbursement of salaries to its teachers and employees 
open in [a scheduled bank or a co -operative bank]2 a separate account 
to be operated  jointly by a representative of the management and by 
the Inspector or such other officer as may be authorized by the 
Inspector in that behalf : 
Provided that after the account is opened the Inspector may, if 
he is, subject to any rules made under this A ct, 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 the proviso to 
sub-section (2), or where a difficulty arises in the disbursement of 
salaries due to any default of the management, the Inspector may 
instruct the Bank that the account shall be operated only by himself or 
by such other officer as m ay be authorized by him in that behalf and 
may at any time revoke such instruction.  
(2) The management shall deposit in the said account by such 
date as may be specified by general or special orders by the Inspector, 
eighty per cent, or where the State Government or an officer authorized 
by  the  State  Government  having  regard to the money required to be  
——————————————————————————————————————————  
1. Ins. by section 17 (b ) of U.P. Act No. 26 of 1975.
2. Subs. by section 18 (a)  ibid.

[The Uttar Pradesh High Schools and Intermediate Colleges {Payment of Salaries of Teachers and Other 
Employees) act, 1971 
4 
disbursed, directs a higher percentage, than such higher percentage as 
it or he may direct, of the amount received from students as fees which 
in accordance with the general or special orders of the State 
Government in that behalf 1[and for so long, as such orders are not 
made, in accordance with the directions of the Inspector] form part of 
the maintenance fund : 
Provided that where the said percentage of fees is not deposited 
as aforesaid the Inspector may by order prohibit the management  from 
making any realization of fees from the students and thereupon the 
Inspector may recover the fees (either through the teachers of the 
institution or in such other manner as he thinks fit), directly from the 
students and shall deposit the fees so recovered in the said account.  
(3) The entire amount of the maintenance grant and the 
amount of eighty per cent, or such higher percentage as the State 
Government or an officer authorized by the State Government may by 
general or special order in that behal f determine, of the g rants for 
reimbursement of freeships and other similar concessions shall also be 
paid by the State Government into the said account.  
(4) No moneys credited to the said account shall be applied for 
any purpose except the following, namely :— 
(a) payment of the said salaries falling due for any period after 
March 31, 1971 ;  
(b) credit of the institutions ’ contribution, if any, to the 
provident fund accounts of the teachers and employees ;  
and such portion of the balance in the account at the end of the month 
of July each year as exceeds the aggregate of one month’s salary of the 
teachers and employees of the institution after meeting the liability for 
payment of their salaries for the period for which fees have been 
realized from th e students shall be made over to the management for 
expenditure on the institution.   
2[(c) Such other expenditure for the purposes of the institution 
as may be directed by the State Government or by an officer authorized 
by the State Government in that behalf. ]  
(5) The salary of a teacher or employee shall be paid by transfer 
of the amount from the said account to his account, if any, in the same 
bank, or if he has no account in that bank, then by cheques.  
(6) In respect of a place where there is no 3[scheduled bank or 
co-operative bank] the provisions of this section shall apply with such 
modifications as the State Government may by notification in the 
Gazette specify, and the references in this section to bank shall in that 
case be construed as references to a post office savings bank.  
——————————————————————————————————————————  
1. Inst. and be deemed always to have been inserted by section by section 18 (b) of U. P. Act no. 26 of 1975.
2. Inst. by section 18 (c)  ibid.
3. Inst. by section 18 (d)  ibid.

[The Uttar Pradesh High Schools and Intermediate Colleges {Payment of Salaries of Teachers and Other 
Employees) act, 1971 
5 
Enforcement 
of provisions 
and 
directions 
6. (1) Where the Inspector on the basis of an inspection of an
institution or its records or otherwise is satisfied that its management 
has committed default in co mplying with any direction given under 
section 4 or with any provision of section 3 or section 5 he may 
recommend to the Regional Deputy Director, Education, that action be 
taken against the institution under sub-section (2).  
(2) On receipt of a recomme ndation under sub -section (1) the 
Regional Deputy Director, Education, may call upon the management 
to comply with the said direction or provision or to show cause within 
a week why the management should not be superseded.  
(3) Where the management fails  to comply as aforesaid or to 
show cause, or the Regional Deputy Director, Education, considers the 
cause shown to be insufficient, he may by order supersede the 
management for such period not exceeding one year as may be 
specified in the order, and authorize any person (hereinafter referred to 
as the Authorized controller) to take over the management of the 
institution for the said period : 
Provided that the Regional Deputy Director, Education, may 
where he considers it necessary or expedient so to do,– 
(i) extend the said period from time to time, so, however, that 
the period so extended does not exceed five years in the aggregate ; or  
(ii) revoke the order at any time : 
Provided further that nothing in clause (ii) of the preceding 
proviso shall bar the passing of a fresh order under this section.  
(4) On an order being made under sub -section (3) the 
authorized controller shall, to the exclusion of the management and 
subject only to the directions, if any, of the Regional Deputy Director, 
Education, the Director or the State Government, exercise all the 
powers and perform all the functions of the management, including 
management of the property belonging to or vested in the institution, 
and in particular, operate singly the bank account referred to in  
section 5 : 
Provided that nothing in this section shall be construed to 
confer on the authorised controller the power to transfer any such 
property (except by way of letting from month to month in the ordinary 
course of management) or to create any char ge thereon (except as a 
condition of receipt of any grant -in-aid of the institution from the State 
Government).  
(5) Any order made or direction given under this section shall 
have effect notwithstanding anything inconsistent therewith contained 
in any other enactment or instrument relating to the management and 
control of the institution (including any scheme of administration) or 
relating to the property belonging to or vested in the institution.   
Appeal 7. An appeal against the order of the Regional  Deputy Director,
Education,  superseding  the  management  under  sub-section  (3) of 
[The Uttar Pradesh High Schools and Intermediate Colleges {Payment of Salaries of Teachers and Other 
Employees) act, 1971 
6 
section 6 may be preferred to the Director within one month from the 
date on which the order is communicated to the management, and the 
Director may after such further inquiry, if any, as he considers 
necessary, either set it aside or confirm or modify it, and pending the 
disposal of appeal may stay the operation of the order on such terms, if 
any, as he thinks fit. 
Revision 8. The State Government may call for and examine the record
of any appeal decided by the Director under section 7 for the purpose 
of satisfying itself as to the correctness or propriety of any order 
passed by him, and it may pass such order thereon as it thinks fit : 
Provided that no order superseding the management of an 
institution or extending the period of supersession thereof shall be 
passed under this section unless an opportunity has been given to  the 
management to show cause against the proposed order.  
Approval for 
posts 
9. 1[No institution shall create a new post of teacher or other
employee except with the previous approval of the Director, or such 
other officer as may be empowered in that behalf by the Director. ] 
Liability in 
respect of 
salaries 
10. (1) The  State Government shall be liable for payment of
salaries of teachers and employees of every institution due in respect of 
any period after March 31, 1971.  
(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 institution as if that amount were an arrear of land revenue due 
from the institution.  
(3) Nothing in this section shall be deemed to derogate from the 
liability of the institution for any such dues to the teacher or employee. 
Punishment, 
penalties and 
procedure 
11. (1) If any default is committed in complying with any
direction under section 4 or with the provisions of section 3 or section 
5 every person who at the time the default was committed was 
manager or any other person vested with authority to manage and 
conduct the affairs of the institution shall, unless he proves that the 
default was committed without this 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 r upees and in the case of 
any other default, with imprisonment which may extend to six months 
or with fine which may extend to one thousand rupees or with both.  
(2) No court shall take cognizance of any offence punishable 
under this section except with t he previous sanction of the Regional 
Deputy Director, Education.  
(3) Every offence under this section shall be cognizable, but 
no  police  officer  below  the  rank  of  a  Deputy  Superintendent shall  
——————————————————————————————————————————  
1. Subs. by section 19 of U. P. Act no. 26  of 1975.

[The Uttar Pradesh High Schools and Intermediate Colleges {Payment of Salaries of Teachers and Other 
Employees) act, 1971 
7 
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 o f the first class 
shall take cognizance of an offence under this section.  
Savings 12. No order made or direction given by the State Government
the Director, the Regional Deputy Director, Education, or the Inspector 
or other officer in exercise of any pow er conferred by or under this Act 
shall be called in question in any court.  
Exemption in 
relation to 
institutions 
maintained 
by local 
authorities 
etc. 
13. Nothing in this Act shall apply to institutions maintained
1[ * * * ] by a railway administrati on or any other industrial under 
taking owned or controlled by the Government of India or the State 
Government.  
Protection of 
acts in good 
faith 
14. No suit, prosecution or other legal proceeding shall lie
against the State Government, the Director, the  Regional Deputy 
Director, Education, the Inspector, the Authorized Controller or any 
other person 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.  
Powers to 
remove 
difficulties 
15. (1) If any difficulty arises in giving effect to the provision of
this Act, or by reason of anything contained in this Act, the State 
Government may, as occasion requires, by notification in the Gazette, 
make such incidental or consequential provisions, including provisions 
for adapting in modifying any provision of this Act or of the 
Intermediate Education Act, 1921, or the regulations, but not affecting 
the substance as it may think necessary or expedient for the purpo ses 
of this Act.  
(2) No order under sub -section (1) shall be made after the 
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 
16. (1) The State Government may, by notification in the
Gazette, make rules for carrying out the purpose of this Act. 
(2) All rules made under this Act shall, as soon as may be after 
they are made, be laid bef ore each House of the State Legislature while 
it is in session, for a total period of fourteen days extending in its one 
session or more than one successive sessions and shall unless some 
later date is appointed, take effect from the date of their publicat ion in 
the official Gazette, subject to such modifications or annulments as the 
two Houses of Legislature may during the said period agree to make, 
so however, that any such modification or annulment shall be without 
prejudice to the validity of anything previously done thereunder.   
——————————————————————————————————————————  
1. Omit. by section 20 of U. P. Act no. 26 of 1975.

[The Uttar Pradesh High Schools and Intermediate Colleges {Payment of Salaries of Teachers and Other 
Employees) act, 1971 
8 
Repeal and 
Savings 
U. P. 
Ordinance 
no. 3 of 1971 
U. P. 
Ordinance 
no. 7 of 1971 
U. P. 
Ordinance 
no. 10 of 
1971 
17. (1) The Uttar Pradesh High Schools and Intermediate
Colleges (Payment of Salaries of Te achers and Other Employees) 
Ordinance, 1971 , the Uttar Pradesh High Schools and Intermediate 
Colleges (Payment of Salaries of Teachers and Other Empl oyees) 
(Second) Ordinance, 1971 and the Uttar Pradesh High Schools and 
Intermediate Colleges (Payment of Sa laries of Teachers and Other 
Employees) (Amendment) Ordinance, 1971 are hereby repealed.  
(2) Notwithstanding such repeal, anything done or any action 
taken under the said Ordinances shall be deemed to have been done or 
taken under this Act as if this Ac t had come into force on January 16, 
1971. 

‹ Prev All Uttar Pradesh acts Next ›