LexThe UTTAR PRADESH BOARD OF SECONDARY SANSKRIT
Uttarakhand · state statute
Open in Lexace · Ask the AI about this act54
THE UTTAR PRADESH BOARD OF SECONDARY SANSKRIT
EDUCATION ACT, 2000
[U.P. ACT NO. 32 OF 2000]
(As passed by the Uttar Pradesh Legislature)
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
commenceme
nt
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.
Definition 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 Secondary Education, Uttar Pradesh;
(d) “Head of the Instit ution” 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 upto
Uttar Madhayama recognized by the Board;
(g) “Invigilator” means a person who assists the Superintendent of a Center
in conducting and supervising the examinations, at a Centre;
(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 aut horized 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 examin ations of the B oard 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, reco rded, copied or printed in any form
whatsoever, or the use of any unauthorized telephonic, wireless or electronic or
other instrument or gadget.
55
[The Uttar Pradesh Board of Secondary Sanskrit Education Act, 2000] [Section 3]
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.
(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 maintained 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 Princ ipal or Head of the Department of an Ayurvedic Medical
College maintained by the State Government, nominated by the State
Government;
(f) two Principal of Sanskrit degree colleges maintained by the State
Government, nominated by the State Government;
(g) two members of the Legislative 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) twp 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 Schoo ls nominated 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 election of the members specified in clause (g) or clause (h) of sub -section (3)
has been complete.
56
[The Uttar Pradesh Board of Secondary Sanskrit Education Act, 2000] [Section 4-9]
Removal
of
members
4- The State Govern ment 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 det rimental 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.
Terms of office
of members
5- (1) A member other than ex -officio member, shall hold office for a term o f
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 officer of all such members by a period not exceeding six months at a time, so
however t hat 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 office 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 -sections (2) and (3) observe such procedure in transacting the
business at its meetings, including the quorum thereat, as may be provided by bye -
laws made in this behalf.
(2) The Chairman s hall 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
majority of votes of the me mbers 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 invalid-
dated acts and
proceedings
8- Not act or proceedings of the Board or of a committee appoi nted 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 , Madhyama and Uttar Madhyama
classes in Sanskrit education;
(b) to publish or manufacture, whether to the exclusion, 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
57
[Uttar Pradesh Board of Secondary Sanskrit Education Act, 2000] [Section 10]
(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 examinations at the end of the Prathma, Purva-Madhyama,
and Uttar Madhyama Courses;
(e) to recognize institutions for the purposes of its examination;
(f) to admit candidates to its examination;
(g) t o 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 sche dules of new demands proposed to be included in the
budget relating to institutions recognized by it and to submit if it thinks fir, its
views thereon for the consideration of the State Government;
(m) to do all such other acts and things as may be requisi te in order to
further the objects of the Board as a body constituted for regulating and
supervising Sanskrit education upto Uttar Madhyama;
(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 dischar ge 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 of the foregoing
powers, the Board shall have the powers, --
(i) to cancel an exami nation or withhold the 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 suppressin g material
information or fact in the application form for a dmission 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 (l) or for any bonafide
error of the Board in the declaration of the result;
58
[The Uttar Pradesh Board of Secondary Sanskrit Education Act, 2000] [Section 11-13]
(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, --
(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 abide by the conditions of
recognition laid down by the Board in this behalf;
(v) to withdraw recognition of an institution not able to ad here to, or
make provisions for, standards of staff, instructions, equipme nt or buildings
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 r egulations or decisions,
instructions or directions 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 courses of study and that facilities for
instructions are duly provided and availed of; and
(vii) to fix the maximum number of students that may be admitted t o
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 conta ined in clause (a) of section 10, the Board
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 donatio n, 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 institution maintained exclusively be 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, situa ted in the State, immediately before such
commencement including Government Sanskrit Schools, imparting Sanskrit
education upto Uttar Madhyama, affiliated to or recognized by the Government
Sanskrit College, Varanasi or Sampurnanand Sanskrit Vishwavidyalaya, Varanasi
shall be deemed to have been recognized 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;
59
[The Uttar Pradesh Board of Secondary Sanskrit Education Act, 2000] [Section 14-17]
Provided that the said Government college or Vishwavidyalaya shall hold
examination of persons pursuing Prathama, Purva Madhyama or Uttar Madhyama
courses of study i n such institution immediately before such commencement and
shall have power to grant diploma or certificate to such persons.
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 w ith 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 fo regoing provisions, 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 with 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 appoi nt such number 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 regulations 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 imm ediate 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, -
60
[The Uttar Pradesh Board of Secondary Sanskrit Education Act, 2000] [Section 18-19]
(a) be responsible to prepare and present the annual estimates an
statement of accounts;
(b) be responsible to ensure that 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.
Appointment
and
constitution of
Committees
and Sub-
committees
18- (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.
(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 tot such conditions, as may be specified therein.
61
[The Uttar Pradesh Board of Secondary Sanskrit Education Act, 2000] [Section 20-23]
Superintendent
of a centre and
invigilator to be
public servant
20- The Superintendent of a Centre and an invigilator shall be deemed to be
public servants 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 fore going 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 intuitions;
(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;
(g) the conduct of examinations;
(h) the appointment of examiners, moderators, collators, scrutinisers,
tabulators, centre inspectors, Superintendents 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 published in the Gazette.
(2) The State Government may approve any such regulation proposed by the
Board with or without modification.
Scheme or
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 a Committee of Management 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 su bject to any
regulation, the respective powers, duties and functions of the Head of the
institution and Committee of Management in relation to the institution.
62
[The Uttar Pradesh Board of Secondary Sanskrit Education Act, 2000] [Section 24]
(4) Where more than one recognized 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 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 propose d 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).
(7) Whenever there is a dispute with respect to the Management of an
institution, persons 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 orrportunity 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 Administration approved under sub -section (5)
and other relevant circumstances.
Inspection
of
institution
and
removal of
defects
24- (1) Inspector, Sanskrit Pathshalayen, Uttar Pradesh, Allahabad or Deputy
inspector, Sanskrit Pathshalayen (Regional) , shall be competent authority for the
inspection of institutions within his jurisdiction.
(2) The Director, Deputy Director, Sanskrit 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 considering 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)
63
[The Uttar Pradesh Board of Secondary Sanskrit Education Act, 2000] [Section 25-26]
(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 Authorize d
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
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 S tate 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 it may from
time to time extended the operatio n 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 :
Provided also that 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 order 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 insti -
tution, teac hers
and other
employees
25- Subject to the provision 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 an d
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
provisions 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, -
64
[The Uttar Pradesh Board of Secondary Sanskrit Education Act, 2000] [Section 26]
(a) the code of conduct, the period of probation, the conditions of
confirmation and the procedure 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 emoluments 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 b e 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 service except with the
prior approval in writing of the Regional Joint Director.
(b) Regional Joint Director may approve or disapprove or reduce or
chance the punishment or approve or disapprove of the notice for termination of
service proposed by the Management;
Provided that in the cases of punishment, before passing order, the
Regional Joint Directo r 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 may prefer an appeal to the Director against an order o f 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, confirm, 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 Hea d 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 regulat ions and accompanied by all relevant
documents.
(6) No such order of suspension shall, unless approved in writing 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 Dire ctor shall be final and shall not
be questioned in any court.
65
[The Uttar Pradesh Board of Secondary Sanskrit Education Act, 2000] [Section 27-31]
(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
any 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.
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 required 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
giving 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 given effect to any
such direction.
Protection for
acts done in
good faith
29- No suit, prosecution o r 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 i ntended to be done in
pursuance of this Act or any rule, regulation, by -law, order or direction made
there under.
Bar of
Jurisdiction of
courts
30- No order or decision made by the Board or any of its committees or sub -
committees in exercise of the pow ers 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 receipts of the Board shall
be credited thereto and all payments for the Board 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.
66
[The Uttar Pradesh Board of Secondary Sanskrit Education Act, 2000] [Section 32-35]
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 prepare 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
Government may, by general or special order, specify.
(4) The accounts of the Board as certified by the audit authority together
with the audit report thereon shall be forwarded annually to the State
Government.
Power to
remove
difficulties
33- (1) If any diffic ulty 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 years 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 do ne
or taken under this Act as if this Act were in force at all material times.