LexThe Uttar Pradesh Board of Secondary Sanskrit Education Act, 2000
Uttar Pradesh · state statute
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THE UTTAR PRADESH BOARD OF SECONDARY SANSKRIT
EDUCATION ACT, 2000
(U. P. Act No. 32 OF 2000)
[As passed by the Uttar Pradesh Legislature, assented to by the
Governor on October 31, 2000 and published in Uttar Pradesh Gazette
Extraordinary on November 1, 2000.]
AN
ACT
to provide for the establishment of a Board of Secondary Sanskrit
Education in the State and for the matters connected therewith or
incidental thereto.
IT IS HEREBY enacted in the Fifty -first Year of the Republic of
India as follows :—
Short title and
commencement
1. (1) This Act may be called the Uttar Pradesh Board of Secondary
Sanskrit Education Act, 2000.
(2) It shall be deemed to have come into force on September 30,
2000.
Definitions 2. In this Act unless the context otherwise requires, —
(a) “Board” means the Uttar Pradesh Board of Secondary
Sanskrit Education established under section 3 ;
(b) “Centre” means an institution or a place fixed by the Board
for the purposes of holding its examinations and includes the entire
premises attached thereto ;
(c) “Director” means the Director of S econdary Education,
Uttar Pradesh ;
(d) “Head of the Institution ” means the Principal or the Head
Master, as the case may be of that institution ;
(e) “Inspector” means the district Inspector of Schools and
includes an Officer authorized by the State Government to perform
all or any of the functions of the Inspector under this Ordinance ;
(f) “Institution” means a Sanskrit school imparting Sanskrit
education up to Uttar Madhayama recognized by the Board ;
(g) “Invigilator” means a person who assists the
Superintendent of a Centre in conducting and supervising the
examinations, at a center ;
(h) “Recognition” means recognition for the purpose of
preparing candidates for admission to the Board’s Examination ;
(i) “Regional Joint Director” means the Joint Director of
Education incharge of a region and includes an officer authorized
by the State Government to perform all or any of the duties of a
Regional Joint Director;
(j) “regulation” means regulations made under this Act ;
(k) “Superintendent of a Centre” means a person appointed by
the Board to conduct and supervise examinations of the Board and
includes an Additional Superintendent ;
(l) “Unfair means” in relation to an examinee while answering questions
in an examination, means the unauthorized help from any person directly or
indirectly or from any material written, recorded, copied or printed in any form
whatsoever, or the use of any unauthorized telephonic, wireless or electronic or
other instrument or gadget.
Constitution of
the Board
3. (1) With effect from such date as the State Government may, by
notification, appoint, there shall be established a Board to be known as the
Uttar Pradesh Board of Secondary Sanskrit Education.
(2) The Board shall be a body corporate.
[The Uttar Pradesh Board of Secondary Sanskrit Education Act, 2000]
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(3) The Board shall consist of the following members, namely :—
(a) the Director, who shall be the Chairman of the Board ;
(b) two Heads of the Institutions maintained by the State
Government, nominated by the State Government ;
(c) two teachers of the Institutions m aintained by the State
Government, nominated by the State Government ;
(d) one Science teacher of any degree college affiliated to
Sampurnanand Sanskrit Vishwavidyalaya, Varanasi, nominated
by the State Government ;
(e) one Principal or Head of the Depar tment of an Ayurvedic
Medical College maintained by the State Government, nominated
by the State Government ;
(f) two Principals of Sanskrit degree colleges maintained by
the State Government, nominated by the State Government ;
(g) two members of the Legi slative Assembly of the State
elected by the said Assembly ;
(h) one member of the Legislative Council of the State elected
by the said Council ;
(i) three academicians, nominated by the State Government ;
(j) Director, Sanskrit Academy, Uttar Pradesh ;
(k) two representatives of industries nominated by the State
Government ;
(l) Director, State Institute of Science Education, Uttar
Pradesh ;
(m) Principal, Central Pedagogical Institute, Allahabad ;
(n) two Deputy Inspectors of Sanskrit Schools nominate d by
the State Government ;
(o) Vice-chancellor of the Sampurnanand Sanskrit
University, Varanasi or his nominee, not below the rank of
Reader ;
(p) two Heads of the departments of Sampurnanand Sanskrit
Vishwavidyalaya, Varanasi, nominated by the State Government ;
(q) an officer not below the rank of Deputy Director of
Education nominated by the State Government who shall be the
Member-Secretary;
(r) Inspector, Sanskrit Pathshalayen, Uttar Pradesh.
(s) Deputy Director, Sanskrit, Uttar Pradesh.
(4) As soon as may be after the election and nomination of the
member of the Board have completed, the State Government shall notify
that the Board has been duly constituted :
Provided that a notification under this sub -section may be
issued even before the el ection of the members specified in clause (g) or
clause (h), of sub-section (3) has been completed.
Removal of
members
4. The State Government may remove from the Board a member
other than an ex -officio 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.
[The Uttar Pradesh Board of Secondary Sanskrit Education Act, 2000]
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Terms of Office
of members
5. (1) A member other than ex -officio member, shall hold
office for a term of three years from the date of the notification under
sub-section (4) of section 3;
Provided that the State Government may, by notification
enlarge the term of the office of all such members by a period not
exceeding six months at a time, so however that the enlargements so
granted shall not in the aggregate exceed one year.
(2) A member of the Board shall cease to be such member
upon his ceasing to have the capacity in which he was elected or
nominated, and his seat shall thereupon, become vacant.
Filling of
vacancies on
expiry of term of
office
6. The State Government shall take steps for the
reconstitution of the board before the expiry of the term of of ficer of
members under section 5.
Meetings of the
Board
7. (1) The Board shall meet at such time and place and shall
subject to the provisions of sub -section (2) and (3) observe such
procedure in transacting the business at its me etings, including the
quorum threat, as may be provided by bye-laws made in this behalf.
(2) The Chairman shall preside at the meeting of the Board. In
his absence, any member of the Board chosen by its members
present at the meeting shall preside at the meeting.
(3) All questions arising in a meeting of the Board shall be
decided by majorit y 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
8. No act or proceedings of the Board or of a co mmittee
appointed by it shall be invalid on the ground merely of the existence
of any vacancy or defect in the Constitution of the Board or the
committee.
Functions of the
Board
9. Subject to the other provisions of this Act, the Board shall
have the following powers, namely :—
(a) to prescribe course of instructions, text -books, other
books and instructional material, if any, for Prathama,
Madhayama and Uttar Madhayama classes in Sanskrit
education ;
(b) to publish or manufacture, whether to the excl usion,
complete or partial of others or otherwise, all or any such text -
books, other books or instructional material ;
(c) to grant diplomas or certificates to persons, who-
(i) have pursued a course of study in an institution
admitted to the privileges or recognition by the Board ;
(ii) are teachers ; or
(iii) have studied privately under conditions laid down
in the regulations and have passed an examination of the
Board under like conditions ;
(d) to conduct examination s at the end of the Prathama,
Purva-Madhayama, and Uttar Madhayama Course ;
(e) to recognize institutions for the purposes of its
examination ;
(f) to admit candidates to its examination ;
[The Uttar Pradesh Board of Secondary Sanskrit Education Act, 2000]
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(g) to demand and receive such fee as may be prescribed in
the regulations ;
(h) to publish or withhold publication of the results of its
examinations wholly or in part ;
(i) to co-operate with other authorities in such manner and
for such purposes as the Board may determine ;
(j) to call for reports from the Director on the condition of
recognized institutions or of institutions applying for
recognition ;
(k) to submit to the State Government its views on any
matter with which it is concerned ;
(l) to see the schedules of new demands p roposed to be
included in the budget relating to institutions recognized by it
and to submit if it thinks fit, its views thereon for the
consideration of the State Government;
(m) 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 Sanskrit education up to Uttar
Madhayama ;
(n) to take all such steps as may be necessary or convenient
for or may be incidental to, the exercise of any power, or the
discharge of any function or duty, conferred or imposed on it by
this Act.
Powers of the
Board
10. (1) The Board shall, subject to the provisions of this Act and
the 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 o f the
foregoing powers, the Board shall have the powers,—
(i) to cancel an examination or withhold t he 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 info rmation or fact in the application form for
admission 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 ;
(ii) to cancel the result of an examination of any candidate
for all or any of the acts mentioned in sub -clauses (a) to (d) of
clause (i) or for any bonafide error of the Board in the
declaration of the result ;
(iii) to prescribe fees for the examinations conducted by it
and provide for the manner of their realization ;
(iv) to refuse recognition of an institution,—
[The Uttar Pradesh Board of Secondary Sanskrit Education Act, 2000]
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(a) which does not fulfill, or is not in a position to fulfill, 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 abid e by the
conditions of recognition laid down by the Board in this behalf ;
(v) to withdraw recognition of an institution not able to
or adhere to, make provisions for, standards of staff,
instructions, equipment or building laid down by the
Board or on its failure to observe the conditions of
recognition to the satisfaction of the Board ;
(vi) to call for reports from the Heads of recognized
institutions in respect of any act of contravention of the
rules or regulations or decisions, instructions or directi ons
of the Board, and take suitable actions 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 recognized institution for the
purpose of ensuring due observance of the prescribed
course 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 a recognized institution.
(3) The decision of the Board in all matters mentioned in sub -
section (1) and (2) shall be final.
Recognition of
an institution
in any new
subject or for
a higher class
11. Notwithstanding anything contained in clause (a) of
section 10, the Bo ard may, with the prior approval of the State
Government, recognize an institution in any new subject or group of
subjects or for a higher class.
Proper
utilization of
donation
12. Where a contribution or donation, either in cash 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 ins titution
maintained exclusively by the State Government, the cash contribution
or donation shall be credited to personal ledger account of such
institution which shall be operated in accordance with general or
special orders of the State Government.
Application of
the Act
13. Notwithstanding anything contained in the Uttar Pradesh
State Universities Act, 1973 or any other Uttar Pradesh Act, on and
from the commencement of this Act, all the institutions, situated in the
State immediately before such comme ncement including Government
Sanskrit Schools, imparting Sanskrit education up to Uttar
Madhayama, affiliated to or recognized by the Government Sanskrit
College, Varanasi or Sampurnanand Sanskrit Vishwavidyalaya,
Varanasi shall be deemed to have been recog nized by the Board under
this Act and shall cease to be affiliated to or recognized by the said
Government college or Vishwavidyalaya and shall be governed by the
Provisions of this Act :
Provided that the said Government college or Vishwavidyalaya
shall hold examination of persons pursuing Prathama, Purva
Madhayama or Uttar Madhayama courses of study in such institution
immediately before such commencement and shall have power to grant
diploma or certificate to such persons.
[The Uttar Pradesh Board of Secondary Sanskrit Education Act, 2000]
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Power of the
State
Government
14. (1) The State Government shall have the right to address
the Board with reference to any 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 such action,
if any, as it is proposed to be or has been taken upon its
communication.
(3) If the Board does not, within a reasonable time, take action
to the satisfaction of the State Government, the State Government
may, after considering any explanation 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 such directions.
(4) Whenever, 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 provision s,
pass such order or take such other action consistent with 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 for
forthwith inform the Board accordingly.
(5) No action taken by the State Government under sub -
section (4) shall be called in question.
Officer and
other
employees of
the Board
15. For the purpose of enabling it efficiently to discharge its
functions under this Act, the Board may appoint such numb er of
officers and other employees as it may, with the previous approval of
the State Government, think fit.
Powers and
duties of the
Chairman of
the Board
16. (1) It shall be the duty of the Chairman of the Board to see
that this Act and the regulatio ns are faithfully observed and he shall
have all powers necessary for this purpose.
(2) The Chairman of the Board 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 not less than one fourth of the total
Membership 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 its chairman, requires
that immediate action should be taken, the Chairman shall take such
action as he deems necessary and shall thereafter report the action
taken to the Board at its next meeting.
(4) The Chairman of the Board shall exercise such other powers
as may be prescribed by the regulations.
Powers and
duties of the
Secretary of
the Board
17. The Secretary of the Board 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 to prepare and present the annual
estimates and statement of accounts ;
(b) be responsible to ensure t hat all moneys are spent for
the purposes for which they are granted or allotted ;
(c) be responsible for keeping the minutes of the meetings
of the Board ;
(d) shall exercise such powers as are necessary for the
conduct of the examinations ; and
(e) shall exercise such other powers as may be prescribed
by the regulations.
[The Uttar Pradesh Board of Secondary Sanskrit Education Act, 2000]
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Appointment
and
constitution of
Committees
and Sub-
committees
18. (1) The Board shall appoint the following committee s and
different committees m ay 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.
(2) Such committees shall consist of the Members of the Board
only and shall be constituted in such a way that as far as possible at
least one Member from each of the following classes are represented in
each of the Committees :—
(a) Principal or Head of Institutions;
(b) Teachers;
(c) Member of the Legislative Assembly of the State ;
(d) Member of the Legislative Council of the State;
(e) Academicians :
Provided that no Member of the Board shall serve on more than
one of such committees, and the term of Members of the committee
shall cease with the cessation of Membership of the Board.
(3) In addition to the committees mentioned in sub -section (1)
the Board may appoint such other committees or sub -committees as
may be prescribed by regulations.
(4) The committees and sub -committees appointed under sub -
section (3) shall be constituted in such manner and on such terms
and conditions as may be prescribed by regulations.
Power to
delegate
19. The Board may, by general or special order, direct that any
power exercisable by it under this Act except the power to make
regulations may also be exercised by its Chairman or by such
Committee or officer in such cases and subject to such condition s, as
may be specified therein.
Superintendent
of a center and
invigilator to be
public servant
20. The Superintendent of a Centre and an invigilator shall be
deemed to be public ser vants within the meaning of section 21 of the
Indian Penal Code.
Power of the
Board to make
regulations
21. (1) The Board may make regulations for carrying out the
purposes of this Act.
(2) In particular and without prejudice to the generality of the
foregoing powers, the Board may make regulations providing for all or
any of the following matters, namely :—
(a) constitution, powers and duties of committees and
sub-committees ;
(b) the conferment of diplomas and certificates ;
(c) the conditions of recognition of institutions ;
(d) the course 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 examination of the Board ;
[The Uttar Pradesh Board of Secondary Sanskrit Education Act, 2000]
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(g) the conduct of examinations ;
(h) the appointment of examiners, moderators, collators,
scrutinizers, tabulators, Centre inspectors, Superinten dents of
Centers and invigilators and their duties and Powers in
relation to the Board’s examinations and the rates of their
remuneration ;
(i) the admission of institutions to the privileges of
recognition and the withdrawal of recognition ;
(j) all matters which are to be, or may be, provided for by
regulations ;
Publication and
previous
approval of
regulations made
by the Board
22. (1) Regulations under section 21 shall be made only with
the previous approval of the State Government and shall be publi shed
in the Gazette.
(2) The State Government may approve any such regulation
proposed by the Board with or without modification.
Scheme of
Administration
23. (1) Notwithstanding anything contained in any law,
document or decree or order of a court or other instrument, there shall
be a Scheme of Administration for every institution, whether
recognized before or after the commencement of this Act. The Scheme
of Administration shall amongst other matter provide for the
constitution of Committee of Managem ent vested with authority to
manage and conduct the affairs of the institution. 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 the Management shall
either attend the 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 regulation, the respective powers, duties and functions of the
Head of the institution and Committee of Management in relation to
the institution.
(4) Where more than one recog nized institutions are
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 shall be
subject to the approval of the Director and no amendment to, or
change in, the Scheme of Administration shall be made at any time
without the prior approval of the Director :
Provided that where the Management of an institution is
aggrieved by a n 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
Administration is in the interest of the institution, order the Director
to approve 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).
[The Uttar Pradesh Board of Secondary Sanskrit Education Act, 2000]
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(7) Whenever there is a dispute with respect to the
Management of an institution, pers ons found by the Regional Joint
Director upon such enquiry as he deems fit, to be in actual control of
its affairs may, for the 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 Joint Director shall before making
an order under this sub -section, afford reasonable opportunity to the
rival claimants to made representations in writing.
Explanation : In determining the question as to who is in
actual control of the affairs of the institutions the Regional Joint
Director 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 Administr ation approved under sub -section
(5) and other relevant circumstances.
Inspection of
institutions and
removal of
defects
24. (1) Inspector, Sanskrit Pathshalayen, Uttar Pradesh,
Allahabad or Deputy inspector, Sanskrit Pathshalayen (Regional),
shall be c ompetent authority for the inspection of institutions within
his jurisdiction.
(2) The Director, Deputy Director, Sansk rit and Regional Joint
Director or any officer authorized by him may also inspect an
institution or cause the same to be inspected.
(3) The Director may direct the Management of an institution
to remove any defect or deficiency found on inspection or otherwise.
(4) Where the Management fails to comply with any direction
made under sub -section (2), the Director may, after considerin g the
explanation or representation, if any, given by the Management,—
(a) refer the case to the Board for withdrawal of
recognition; or
(b) recommend to the State Government to proceed
against the institution under sub-section (5).
(5) If on receipt of a recommendation referred to in clause (b)
of sub -section (4) 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, by order, for such period as may be specified in
the order, appoint an authorized Controller, and the Authorized
Controller, may take over the Management of the institution
including Management of the land, building, funds and other assets
belonging to or vested in the institution the 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.
(6) An order under sub -section (5) shall be operative for a
period not exceeding one year in the first instance :
Provided that if the State Government is of opinion that is
expedient so to do in order to continue to secure the proper
management of the institution i t 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 including the period specified in the initial order under
sub-section (5) does not exceed five years :
[The Uttar Pradesh Board of Secondary Sanskrit Education Act, 2000]
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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 the
Committee of Management has been lawfully constituted :
Provided also tha t the State Government may at any time
revoke an order made under sub -section (5) or under this sub -
section.
(7) No Authorized Controller shall be personally liable for acts
done by him, in good faith, in performance of duties entrusted to
him.
(8) Any o rder made under sub -section (5) 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.
(9) No order made by the Board withdrawing recognition
under clause (a) of sub -section (4) and no order made under sub -
section (5) shall be called in question in any court.
(10) 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.
Procedure for
appointment of
Head of
institution,
teachers and
other employees
25. Subject to the provisions of this Act, the Head of
institution and teachers and other employees of an institution shall
be appointed in accordance with the regulations.
Conditions of
Service of Head
of institution
teachers and
other employees
26. (1) Every person employed in an institution shall be
governed by such conditions of service as may be prescribed by
regulations and any agreement between the Management and such
employees in so for as it is inconsistent with the provisi ons of this
Act or with the regulations, shall be void.
(2) Without prejudice to the generality of the powers conferred
by sub-section (1) the regulations may provide for,—
(a) the code of conduct, the period of probation, the
conditions of confirmation and the procedure and conditions
for promotion and punishment including suspension pending
or in contemplation of inquiry or during the pendency of
investigation, inquiry or trial in any criminal case for an
offence involving moral turpitude and the emolu ments for the
period of suspension and termination of service with notice ;
(b) the scales of pay and payment of salaries ;
(c) transfer of service from one recognized institution to
another ;
(d) grant of leave and provident fund and other benefits;
and
(e) maintenance of record of work and service.
(3) (a) No Head of institution 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 servi ce except with the prior approval in writing of the Regional
Joint Director.
[The Uttar Pradesh Board of Secondary Sanskrit Education Act, 2000]
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(b) Regional Joint Director may approve or disapprove or
reduce or enhance the punishment or approve or disapprove
the notice for termination of serv ice proposed by the
Management :
Provided that in the cases of punishm ent, before passing
order, the Regional Joint Director shall give, an opportunity to the
Head of institution or the teacher to show cause within a fortnight of
the receipt of the notice why the proposed punishment should not be
inflicted.
(c) Any party m ay prefer an appeal to the Director
against an order of the Regional Joint Director under clause
(b) within one month from the date of communication of the
order to that party and the Director may, after such further
enquiry as he considers necessary, conf irm, set -aside or
modify the order and the order passed by the Director shall
be final.
(4) No Head of institution or teacher shall be suspended by
the Management, unless in the opinion of the Management,—
(a) the charges against him are serious enough to merit
his dismissal, removal or reduction in rank; or
(b) his continuance in office is likely to hamper or
prejudice the conduct of disciplinary proceedings against
him; or
(c) any criminal case for an offence involving moral
turpitude against him is under investigation, enquiry or trial.
(5) Where any Head of institution or teacher is suspended by
the Committee of Management it shall be reported to the Regional
Joint Director within seven days from the date of order of suspension
and the report shall contain such particulars as may be prescribed
by regulations and accompanied by all relevant documents.
(6) No such order of suspension shall, unless approved in
writhing by the Regional Joint Director, remain in force for more
than sixty days from the date of such order and the order of the
Regional Joint Director shall be final and shall not be questioned in
any court.
(7) If at any time the Regional Joint Director is satisfied that
disciplinary proceedings against the Head of institution or teacher
are being delayed for no fault of the Head of institution or the
teacher, the Regional Joint Director may after affording opportunity
to the Management to make representation, revoke an order of
suspension passed under this section.
Casual Vacancies
27. All casual vacancies among the Members, other than
ex-officio Members, of the Board or of a committee appointed by the
Board, shall be filled, as soon as may be, by the person or body who
elected or nominated the member whose place has become vacant
and the person elected or nominated to a casual vacancy shall be a
member of the board or committee for the residue of the term for
which the person whose place he fills would have been a member.
[The Uttar Pradesh Board of Secondary Sanskrit Education Act, 2000]
24
Power of the
Board and
Committee to
make bye-laws
28. (1) The Board and its Committees may make bye -laws
consistent with this Act the rules and the regulations,—
(a) laying down the procedure to be observed at their
meetings and the number of members re quired to form a
quorum ;
(b) providing for all matters which are to be, or may be,
provided for by bye-laws ;
(c) providing for all matters solely concerning the Board
and its Committees and not provided for by this Act the rules
and the regulations.
(2) The Board and its committees shall make bye -laws
providing for the going of notice, to the members of the Board or
committee, of the dates of meeting of the Board or Committee, and of
the business to be considered at meetings, and for the keeping of a
record of the proceedings of meetings.
(3) The Board may direct amendment or recession of any bye-
law made by a Committee under this section and the Committee
shall give effect to any such direction.
Protection for
acts done in good
faith
29. No suit, p rosecution or other legal proceedings shall lie
against the State Government, the Board or any of its Committees
and sub-committees or any member of the Board or a Committee or
sub-committee or any other person in respect of anything, which is
in good faith done or intended to be done in pursuance of this Act or
any rule, regulation, bye-laws, order or direction made thereunder.
Bar of
Jurisdiction of
courts
30. No order or decision made by the Board or any of its
committees or sub -committees or sub -committees in exercise of the
powers conferred by or under this Act shall be called in question in
any court.
Fund of the Board 31. (1) The Board shall have its own fund, and all receipt of
the board shall be credited thereto and all payments for the Bo ard
shall be made therefrom.
(2) Subject to any general or special order of the State
Government, and subject to the provisions of this Act, the Board
shall have the power to spend such sum as it may think fit on
subjects or for purposes authorized by this Act.
Accounts and
audit
32. (1) The Board shall maintain proper accounts and other
relevant records and prepare an annual statement of accounts in
such form as the State Government may, by general or special
order, specify.
(2) The Board shall prep are an annual financial statement
and submit it to the State Government for its approval.
(3) The accounts of the Board shall be audited by such
authority as the State Gover nment may, by general or special order,
specify.
(4) The accounts of the Board a s certified by the audit
authority together with the audit report thereon shall be forwarded
annually to the State Government.
[The Uttar Pradesh Board of Secondary Sanskrit Education Act, 2000]
26
Power to remove
difficulties
33. (1) If any difficulty arises in giving effect to the
provisions of this Act, the State Government may, by a notified
order, make such provisions, not inconsistent with the provisions of
this Act as appears to it to be necessary or expedient, for removing
the difficulty.
(2) No order under sub -section (1) shall be made after the
expiry of the period of two year s from the commencement of this
Act.
(3) The provisions of sub -section (1) of section 23 -A of the
Uttar Pradesh General Clauses Act, 1904 shall apply to the order
made under sub -section (1) as they apply in respect of rules made
by the State Government under any Uttar Pradesh Act.
Power to make
rules
34. The State Government may by notification, make rules
for carrying out the purposes of this Act.
Repeal and saving 35. (1) The Uttar Pradesh Board of Secondary
Sanskrit Education Ordinance, 2000 is hereby repealed.
(2) Notwithstanding such repeal, anything done or
any action taken under the Ordinance referred to in sub -
section (1) shall be deemed to have been done or taken
under this Act as if this Act were in force at all material
times.
U.P.
Ordinance
no. 15 of
2000
———
STATEMENT OF OBJECTS AND REASONS
A Committee under the Chairmanship of Sri P.P. Baria for solving the problems
of institution imp arting Sanskrit Education in the State was constituted. The said
Committee, besides other recommendations, recommended for the establishment of a
separate Board of Secondary Sanskrit Education in the State. After due consideration
of the report of the said Committee it was decided to make a law to provide for the
establishment of the said Board.
Since the State Legislature was not in session and immediate legislative action
was necessary to implement the aforesaid decision, the Uttar Pradesh Board of
Secondary Sanskrit Education Ordinance, 2000 (U.P. Ordinance no. 15 of 2000) was
promulgated by the Governor on September 30, 2000.
This Bill is introduced to replace the aforesaid Ordinance.