LexThe intermediate education act, 1921
Uttarakhand · state statute
Open in Lexace · Ask the AI about this act77
THE INTERMEDIATE EDUCATION ACT, 19211
[U. P. ACT No. II OF 1921]
Amended by the
U. P. Act No. V of 1941
U. P. Act No. IV of 1950
U. P. Act No. XXXV of 1958
U. P. Act No. VI of 1959
U. P. Act No. VII of 1966
U. P. Act No. XXIX of 1972
U.P Act No. XXVI of 1975
U. P. Act No. V of 1977
U. P. Act No. XII of 1978
Adapted and modified by the Govern ment of India (Adaptation of Ind ian Laws)
Order, 1937
Adapted and modified by the Adaptation of Laws Order, 1950
(Received the assent of the Governor on the 30th September, 192 1, and of the
Governor-General on the 10 th December, 1921, and was published2 under section 81 of
the Government of India Act on the 7th January, 1922.]
AN
ACT
For the establishment of a Board of High School and Intermediate, Education.
WHEREAS it is expedient to establish a Board to take the place of the
Allahabad University in regulating and supervising the system of High School and
Intermediate Education in the United provinces, and to prescribe courses.
Therefore;
It is hereby enacted as follows:
Sort title,
extent and
commencement
1. (1) This Act may be called the Intermediate Education Act, 1921.
[(2) It shall extend3 to the whole of Uttar Pradesh.]4
1. For S. O. R. see Gazette, 1921, Pt. VII, p. 18.
2. See Gazette. 1922, pt. VII p. 1.
3. This Act has been extended to the areas mentioned in column 1 of this table under
the Act or Order mentioned in column 2 and enforced in such areas under
notification, if any, mentioned in column 3 with effect from the date mentioned in
column 4 against each such area; --
Area Act or order under which
extended
Notification, if any,
under which enforced
Date from which
enforced
1 2 3 4
1 -Rampur District Rampur (Application of
laws)Act, 1950.
No. 810 / XVII Feb 28,
1950
Dated March, 1950
2- Banaras District Banaras(Application of
Laws) order, 1949.
No. 812 / XVII Feb 28,
1950
Ditto.
3- Tehri-Garhwal
District
Tehri- Garhwal
(Application of Laws)
Order, 1950
No. 811 / XVII Feb 28,
1950
Ditto.
4. Subs. for sub-section (2) of S.1 by the A.O. 1950.
78
[The Intermediate Education Act, 1921] [Section 2]
(3) It shall come into force on such date1 as the [State Government] 2 may, by
notification in the [Official Gazette]3 direct.
Definitions 2. In this Act, and in all Regulations made hereunder, unless th ere is anything
repugnant in the subject or context,-
(a) "Board" means the Board of High School and Intermediate
Education;
[(aa) "Centre" means an institution or a place fixed by the Board for the
purposes of holding its examinations and includes the en tire premises attached
thereto]6;
(aaa) "Director" means the Director of Education, Uttar Pradesh [and
except for purposes of section 3, includes a n Addi tional D irector of
Education]11 ;
[(aaaa) Director means ‘Director of School Education’ and it also
include except for the purpose of section 3, Additional Director of Education,
Headquarter.]12
[(b) "Institution" means a recognized Intermediate College, Higher
Secondary School or High School, and includes, where the context so requires,
a part of an institution, and 'Head of Institution' means the Principal or Head
Master, as the case may be, of such institution;]8
[(bb) 'Inspector' means the [District Education Officer]13, and in relation
to an institu tion for girls, the [District Education Officer] 13, as the case may
be, and in each case includes an officer authorized by the State Government to
perform all or any of the functions of the Inspector under this Act ;]9
[(bbb) "Invigilator" means a person who assists the Superin tendent of a
Centre in conducting and supervising the examinations at a Centre ;]7
[(c) "prescribed" means prescribed by regulations; ]10
(c) [ * * *]4
(d) "Recognition" means recognition for t he purpose of preparing
candidates for admission to the Board's examinations;
[(dd) ["Regional Educational Director of Education]"14 means the
Deputy Director of Education in charge of a region and includes an officer
authorized by the State Government to perform all or any other duties of a
Regional Deputy Director;]5
1. The Act came into force on April 1, 1922.
2. Substituted by the A.O. 1950 for (provl. Government).
3. Subs. for (Gazette) by the A.O. 1937.
4. Del. by section 3 of U. P. Act No. 5 of 1941.
5. Added by section 2 (3) of U. P. Act no. XXV of 1958.
6. Ins. by section 2 (2) of U. P. Act No. VI of 1959.
7. Subs. by section 2 (ii) Ibid.
8. Subs. by section 2 (1) of U. P. Act No. XXVI of 1975.
9. Subs. by section 2 (2) Ibid.
10. Subs. by section 2 (3) Ibid.
11. Added by section 2 of U.P. Act No. 1 of 1981.
12. Added by section 2 of Uttarakhand Act No. 04 of 2005
13. Subs. by section 3 ibid.
14. Subs. by section 4 ibid.
79
[The Intermediate Education Act, 1921] [Section 3]
(e) "Regulations" means Regulations made by the Board under this Act.
[(f) "State Government" means the Government' of Uttar Pradesh;]1
[(g) "Superintendent of a Centre" means a person appointed by the
Board to conduct and supervise examinations of the Board and includes an
Additional Superintendent and an Associate Superintendent.]2
Constitution of
the Board
3. (1) The Board shall consist of a Chairman (which office shall be held by the
Director, ex-officio) and the following other members namely:-
(a) two heads of institutions, maintained by the State Governm ent,
nominated by the State Government;
(b) two teachers of institutions maintained by the State Government,
nominated by the State Government;
[(c) [twelve]4 heads of institutions not maintained by the State Government,
and [twelve]4 teachers of such in stitutions, elected in accordance with the
procedure specified in the First Schedule:
Provided, that no person shall be eligible for election under this clause
unless he is a permanent head of institution or, as the case may be, a permanent
teacher with experience specified in the said Schedule;]3
Provided that no person shall be eligible for election under this clause
unless he is a permanent teacher with teaching experience (including any period of
service in a temporary capa city) in an institution for not less than ten years (in the
aggregate) on the 30th day of June, preceding the date of election;
(e) five teachers of Universities ( other than an Agricultural or Engineering
University) established by law in Uttar Pradesh or of any college affiliated or
associated thereto, nominated by the State Government ;
(f) one teacher imparting education in agriculture and serving in a
university or any college affiliated or associated thereto, nominated by the S tate
Government;
(g) one teacher imparting educ ation in engineering and servin g in a
University or any college af filiated or associated thereto nominated by the State
Government];
(h) one Professor of a Medical College" nominated by the State
Government;
(i) five members elected by the members of th e State Legislative Assembly
from among themselves ;
(j) three members elected by the members of the State Legislative council
from among themselves;
1. Subs. by Sec. 2 (4) of U. P. Act no. 25, 1958.
2. Subs. by section 2 (3) of U. P. Act No. VI of 1959.
3.Subs. by section 11 (1) of U. P. Act No. 12 of 1978.
4.Substituted by section 2 of U.P. Act No. 1 of 1981.
80
[The Intermediate Education Act, 1921] [Section 3A]
(k) five persons connected with education, nominated by the State
Government;
(l) three women connected with women's education, no minated by the State
Government;
(m) the Director of Technical Education, Uttar Pradesh, as ex-officio;
(n) three representatives of industries, nominated by the State Government;
(o) the P rincipal, G overnment Women's Training College, Allahabad, ex
officio;
(P) the Director, State Institute of Science Education, Allahabad, ex officio ;
(q) the Principal, Government Central Pedagogical Institute, Allahabad, ex
officio;
(r) the Principal, State Institute of Education, Allahabad, ex officio;
(s) the Principal, Government Constructive Training College, Lucknow, ex
officio;
(t) the Director, Bureau of Psychology, Uttar Pradesh, Allahabad, ex officio ;
(u) the Commissioner, Kendriya Vidyalaya Sangathan, New Delhi, ex officio ;
(v) one District Inspector of Schools, nominated by the State Government;
(w) one Regional Inspectress of Girl's Schools, nominated by the S tate
Government ;
(x) one representative of the National Council of Educational Research and
Training, New Delhi, nominated by it;
(y) the Secretary of the Board, ex officio, who shall be the M ember-Secretary
of the Board.
(2) The State Government may nominate not more than five persons to be the
members of the Boar d to secure the represen tationes of minorities (whether
based on religion or language), Scheduled Cast and Scheduled Tribes, not
otherwise adequately represented.]2
[(3) As soon as may be after the election and nomination of the members of the
Board have co mpleted, the State Gove rnment shall notify that the Boa rd has
been duly constituted;
Provided that a notification under this sub -section may be issued even
before the election of th e members specified in clause (i) or clause (j) of sub -
section (1), has been completed.]3
[Removal of
member
3-A The State Government may remove from the Board a member who in its
opinion has so flagrantly abused his position as such member as to render his
continuance on the Board detrimental to the public interest:
Provided that the State Governmen t shall before removing a member as
aforesaid give him an opportunity of explanation and shall place on record
reasons for his removal.]1
1. Added by Sec. 4 of U. P. Act No. 35, 1958.
2. Section 3 of added by section 3 of U. P. Act No. 26 of 1975.
3. Added by section 11 (2) of U. P. Act No. 12 of 1978.
81
[The Intermediate Education Act, 1921] [Section 4-7]
Term of office
of members
4. (1) Members other than [ex Officio members]2 shall hold office for a term of t hree
years from the date of the , notification published [under sub -section (3) of
section 3 :]6
[Provided that the State Government may, by notification in the official
Gazette, enlarge the term of of fice of all such members by a period not
exceeding [six months] 7 at a time so however, that th e en largements, so
granted, shall not in the aggregate exceed [one year]7.]1
[(2) A member of the Board shall cease to be such member upon his ceasing to
have the capaci ty in which he was elected or nominated, and his place shall
thereupon become vacant.]3
Filling of
vacancies on
expiry of term
of office
5. The State Government shall take steps for the rec onstitution of the Board the
expiry of the office of members.]8
6. [ * * * ]9
Powers of the
Board
7. Subject to the provisions of this Act the B oard shall have the following
powers, namely :
[(1) to prescribe courses of instructions, text -books, other books and
instructional material, if any for the High School and Intermediate classes in such
branches of education as it thinks fit;
(1-A) to publish or manufacture, whether to the exclusion complete or partial,
of others or otherwise all or any of such text-books, other books or instruction al
material;]4
(2-a) to grant diplomas or certificates to persons who have pursued a course of
study in an institution admitted to the privileges of recognition by the Board, or
(b) are teachers; or
(c) have studied privately, under conditions laid down in the Regulations, and
have passed the examinations of the Board under like conditions ;
(3) to conduct ex aminations at the end of the High School and I ntermediate
courses;
(4) to recognize institutions for the purposes of its examinations ;
(5) to admit candidates to its examinations;
(6) to demand and receive such fees as may be prescribed in the Regulations ;
[(7) to publish or withhold publication of the results of its examinations
wholly or in part;]5
1. Add. by section 2 of U, P. Act No. IV of I950.
2. Subs. by section 4 (a) of U. P. Act No. 26 of 1975.
3. Added by section 4. (b) ibid.
4. Subs. by section 5 (i) of U. P. Am No. 26 of 1975 and be always deemed to have been
substituted,
5. Added by section 5(2) ibid.
6. Substituted by section 12 (a) of U. P. Act No. 12 of 1978.
7. Subs. by section 12 (b) ibid.
8. Subs. by see. 13 ibid.
9. Del. by section 14 ibid.
82
[The Intermediate Education Act, 1921] [Section 7A-7AA]
(8) to co-operate with other authorities in such manner and for such purposes
as the Board may determine ;
(9) to call f or reports from [the Director] 2 on the condition of recognized
institutions or of institutions applying for recognition ;
(10) to submit to the [State Government] 1 its views on any matter with which
it is concerned ;
(11) to see the schedules of new demands proposed to be included in the
budget relating to institu tions recognized by it and submit, if it thinks fit, its vies
thereon for the consideration of the [State Government]1 ;
(12) to do all such other acts and things as may be requisite in order to further
the objects of the Board as a body constituted for r egulating and supervising High
School and Intermediate Education.
[Recognition of
an institution in
any new
subject or for a
higher class
7-A Notwithstanding anything contained in clause (4) of section 7---
(a) the Board may, with the prior approval o f the State Government,
recognize an institution in any new subject or group of subjects or for a higher
class;
(b) the Inspector may permit an institution to open a new section in an
existing class.]3
[Employment
of part time
teachers or
part-time
instructors
7-
AA
(1) Notwithstanding anything contained in this Act, the management of an
institution may, from its own resources, employ-
(i) as in interim measure part -time teachers for imparting instructions in
any subject or group of subjects or for a higher class for which recognition is
given or in any section of an existing class for which permission is granted
under section 7-A;
(ii) part-time instructors to impart instructions in moral education or any
trade or craft under socially useful productive or vocational course.
(2) No recognition shall be given and no permission shall be granted under
section 7-A, unless the Committee of Management furnishes such security in
cash or by war of Bank guarantee to the Inspector as may be specified by th e
State Government from time to time.
(3) No part -time teacher shall be employed in an institution unless such
conditions as may be specified by the State Government by order in this
behalf are complied with.
1. Subs, for (Prov incial Govt. by the A, 0 , 1950 which had been substituted for
(Minister) by s. 5 (2) of U. P. Act V of 1941.
2. Subs. by s. 5 of U. P. Act No. XXV of 1958.
3. Added by section 2 of U.P. Act No. 18 of 1987.
83
[The Intermediate Education Act, 1921] [Section 7AB-7D]
(4) No part -time teacher or part -time instructor shall be employed unless the
possesses such minimum qualifications as may be prescribed.
(5) A part-time teacher or a part -time instructor shall be paid such honorarium as
may be fixed by the State Governme nt by general or special order in this
behalf.
(6) Nothing in this Act shall preclude a person already serving as a teacher in an
institution from being employed as a part -time teacher or a part -time
instructor under section 7-AA.
Exemption 7-AB Nothing in the Uttar Pradesh High School and Intermediate Colleges
(payment of Salaries of Teachers and other Employees) Act, 1971 or the Uttar
Pradesh Secondary Education Services Commission and Selection Boards
Act. 1982, shall apply in relation to part -time and part-time teachers and part-
time instructors employed in an institution under section 7-AA.]2
Prohibition of
Unauthorized
conferment of
Diplomas and
certificates
7-B No person shall confer, grant or issue or hold himself out entitled to confer,
grant or issue any diploma or certificate or other document stating or implying
that the hol der, grantee or recipient has pursued a course of study, in any
institution or privately, and has passed by the High School or Interme diate
Examination or any examination described in a manner reasona bly calculated
to cause it to be believed to be the High School or Intermediate Examination.
Bar of
charging any
donation for
admission to
an institution
7-C No person connected with the management of an institution and no Head of
the institution or teacher or any other employee there of shall directly or
indirectly take or receive or cause to be taken or received any contribution,
donation, fees, or any other payment of any sort, either in cash or in kind,
except the fees at the rates specified in any order issued by the Sta te
Government in this behalf, from or on behalf of any student [a s a condition
for granting him admission to such institution.]4
Penalty for
contravention
of section 7 -B
or section 7-C
7-D Whoever contravenes the pr ovisions of section 7 -B or sec tion 7 -C, shall be
punishable with imprisonment for a term which may extend to three years and
also with fine which shall not be less than one thousand rupees and if the
person so contravening is a society or any association of persons every
member of such society or association who knowingly and wi llingly
authorizes or permits such contravention, shall be so punishable. ]2
-------------------------------------------------------------------------------------------
1. Added by section 6 of U. P. Act No. 26 of 1975.
2. Added by section 3 of U. P. Act No.18 of 1987,
84
[The Intermediate Education Act, 1921] [Section 7E-10]
[Power of
utilization of
donations
7-E Where a contribution or donat ion, either in cash or in kind, is taken or
received by an institution i ncluding an institution maintained exclusively by
the Sta te 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 m aintained exclusively by the St ate Government,
the cash con tribution or donation shall be cred ited to the per sonal ledger
account of such institution which shall be op erated in accordance with the
general or special orders of the State Government.]3
Exemption of
certain
Universities
from the
operation of
the Act
8. Nothing in the Act shall affect th e constitution, powers or func tions of the
Banaras Hindu Univ ersity [or the Aligarh Muslim University] 4 except with
their consent recorded in writing.
Powers of
State
Government
9. (1) The [State Government] 1 shall have the right to address the Board with
reference to any of the work conducted or done by the Board and to
communicate to the Board its views on any matter with which the Board is
concerned.
(2) The Board shall r eport to the [State Government] 1 such action, if any, as it is
proposed to take or has been taken upon its communication.
(3) If the Board does not, within a reasonable time, take a ction to the satisfaction
of the [State Government] the [State Government]1 may, after considering any
explanation further furnished or representation made by the Board, iss ue such
directions consistent with this Act as it may think fit, an d the Board shal l
comply with such directions.
[(4) Whenever, in the opinion of the State Government, it is necessary or
expedient to take imme diate action, it may, without making any reference to
the Board under the foregoing provisions, pass such orders or take such ot her
action consistent with the pro visions of this Act as it deems necessa ry, and in
particular, may by suc h order modify or rescind or make any regulation in
respect of any matter and shall forthwith inform the Board accordingly.
(5) No action taken by the State Government under sub-section (4), shall be called
in question.]2
Officers of the
Board
10. The following shall be the officers of the Board
(1) The Chairman,
(2) The Secretary,
(3) Such other officers as maybe declared by the Regula tions t o be
officers of the Board.
1. Subs. for (Provincial Govt.) by the A. O. 1950.
2. Ins. by section 7 of U. P. Act No. 26 of 1975.
3. Ins. by section 7 of U.P. Act No. 5 of 1977.
4. Subs. by section 15 of U. P. Act No. 12 of 1978.
85
[The Intermediate Education Act, 1921] [Section 11-13]
Powers and
duties of
Chairman
11. (1) It shall be the duty of the Chairman to see that this Act and the Regulations are
faithfully observed and he shall have all powers necessary for this purpose.
(2) The Chairman shall have power to convene meetings of the Board, and shall
call a meeting, at any time after due notice, on a requisition signed by [ not
less than one-fourth of the, total membership of the Board] 2 and stating the
business to be brought before the meeting.
(3) In any emergency, a rising out of the administrative business of the Board,
which, in the opinion o f the Chairman, requires that immediate action should
be taken, the Chairman shall take such action as he deems necessary, and shall
thereafter report his action to the Board at its next .meeting.
(4) The Chairman shall exercis e such other powers as may be prescribed by the
Regulations.
Appointment,
powers and
duties of
Secretary
12. (1) The Secretary shall be appointed by the [State Govern ment]1 upon such
conditions and for such period as the [State Government]1 may deem fit.
[ * * * ]3
(2) The Secretary, shall, subject to the control of the Board, be the administrative
officer of the Board. He shall be responsible for the presentation of the annual
estimates and statement of accounts.
(3) He shall be responsible for seeing that all moneys are expened on the purpose
for which they are granted or allotted.
(4) He shall be responsible for keeping the minutes of the Board.
[(4-A) He shal l exercise such powers as are necessary for the con duct of the
examinations]4,
(5) He shall exercise such other powers as may be prescribed by the Regulations.
(6) [ * * *]5
[Appointment
and
constitution of
Committees
13. (1) The Board shall appoin t 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.
----------------------------------------------------------------------------------------------
1. Substituted for (Provincial Govt.) by the A. O. 1950.
2. Substituted by section 8 of U. P. Act No. 26 of 1975.
3. Omit by section 9 (i) of U. P. Act No. 26 of 1975.
4. Insertion by section 9 (ii) ibid.
5. Omitted by section 9 (iii) ibid.
86
[The Intermediate Education Act, 1921] [Section 14-14A]
(2) Such committees shall consist of the members of the Board only and such
committees shall be const ituted 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) heads of institutions mentioned in clauses (a) and (c) of sub-section (1)
of section 3 ;
(b) teachers mentioned in clauses [(b) and (c)] 3 of sub -section (1 ) of
section 3;
(c) teachers and professor mentioned in clauses (e), (f), (g) and (h) of sub-
section (1) of section 3 ;
(d) legislators mentioned in clauses (i) and (j) of sub-section (1) of section
3 ;
(e) persons mentio ned in clauses (k), (l) and (n) of' subsection (1) and
sub-section (2) of section 3 ;
(f) persons mentioned in clauses (m), (o), (p ), (q), (r), (s), (t), (u), (u), (w)
and (x) of sub-section (I) of section 3 :
Provided that no member of the B oard shall serve on more than one of
such committees, and the ter m of members of the committee shall cease with
the cessation of the membership of the Board.
(3) In addition to the committees mentioned in sub -section (I), the Board shall
appoint such other committees, if any, as may be prescribed and different such
committees may be appointed for different areas.
(4) These additional committees shall be constituted in such manner and the term
of members of such committees shall be such as may be prescribed.]2
Exercise of
powers
delegated by
Board to
Committees
14. All matters r elating to the exercise by the Board of powers conferred upon it
by this Act which ha ve by Regulation been delega ted by the Board to anyone
of its Committees shall stand .referred to that C ommittee, and the Board
before exercising any such powers shall receive and consider the report of the
Committee with respect to the matter in question.
[XLV of 1860 14-A (1) A Superintendent of a Centre and an invigilator shall be deemed to be a publ ic
servant under section 21 of the Indian Penal Code, 1860 dulling the course of
examination or examinations con ducted by the Board and for a period of one
month prior to the co mmencement of, and of two months immedi ately
following, such examination or examinations.
(2) An assault on, or use of cr iminal force to, a Superintenden t of a Centre or an
invigilator during the period mentioned in sub-section (1) shall be deemed to
be an obstruction volun tarily caused to public servant in the discharge of his
public function and shall be a cognizable offence.]1
1. Added by section 3 of U. P. Act No. 6 of 1959.
2. Substituted by section 10 of U. P. Act No. 26 of 1975.
3. Substituted by section 12 1978.
87
[The Intermediate Education Act, 1921] [Section 15-16]
REGULATIONS
Power of
Board to make
regulations
15. (1) The Board may make Regulations f or the purpose o f carrying into effect the
provisions of this Act.
(2) In particular and without prejudice to 'the gen erality of th e foregoing power
the Board may mak e Regulations providing for all or any of t he following
matters, namely-
(a) the constitution, powers and duties of Committees ;
(b) the conferment of diplomas and certificates;
(c) the conditions of recognition -of institutions for the pur poses of its
examinations;
(d) the courses of study to be laid down for all certificates and diplomas;
(e) the conditions under which candidates shall be admitted to the
examinations of the Board and shall be eligible for diplomas ,and certificates;
(f) the fees for admission to the examinations of the Board;
(g) the conduct of examinations ;
(h) the appointment of examiners and their duties and powers in relation
to the Board's examinations;
(i) the election of members to the Board under [Clause (c) and (d)] 3 of
sub-section (1) of section 3 ;
(j) the admission of institutions to the privileg es of recognition and the
withdrawal of recognition;
(k) all matters which by this Act are to be or may be provided for by
Regulations ;
(l) the conditions under which grants -in-aid shall be given to institutions
recognized by the Board.
[(m) the formation of parent-teacher association.]2
[Previous
publication
and sanction of
Regulations
made by Board
16. (1) Regulations under section 15 shall be made only with the previo us sanction of
the State Government and shall be published in the Gazette.
(2) The State Government may sanction any such regulation proposed by the
Board either without modification or with such modification as it thinks fit.]1
1. Ins. by section 12 of U. P. Act No. 26 of 1975.
2. Subs. by s.17 of U. P, Act no. 12, 1978.
3. Insertion by section 34 of U. P. Act No.5 of 1977.
88
[The Intermediate Education Act, 1921] [Section 16A]
1[Scheme of
administration
16-A (1) Notwithstanding anything in any law, document, or decree or order of a Court
or other instrument, there shall be a Scheme of Administration (hereinafter
referred to as the Scheme of Administration) for every institution, whether
recognized before or after the commencement of the Inter mediate Education
(Amendment) Act, 1958. The Scheme of Admin istration shall amongst other
matters provide for the constitution of a Committee of Management
(hereinafter called the Committee of Management) vested wi th authori ty to
manage and conduct the a ffairs of the institution [the head of the institution] 2
and two teachers thereof, who shall be selected by rotation according to
seniority, i n the manner to be prescribed by regulations, shall be ex -officio
members of the Committee of Management with a right to vote.
(2) No member of the Committee of Management shall either attend a meeting of
the committee or exe rcise his right to vote when ever a charge concerning his
personal conduct is under discussion.
(3) The Scheme of Administration shall also describe, subj ect to any regulations,
the respective powers, duties and functions of [the head of the institution] 3
and Committee of Management in relation to the institution.
(4) Where more than one recognized institution is maintained by a body or
authority there sha ll be separate Committee of Management for each
institution unless otherwise provided in the regulations or any class of
institutions.
(5) The Scheme of A dministration of every instituti on shall be subject to the
approval of the Director and no amendment or change in the Scheme of
Administration shall be made at any time without the prior approval of the
Director.
[Provided that where the Management of an institution is aggrieved by an
order of the Di rector refusing to approve an amendment or change in th e
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 inter est of the institution, order the
Director to approve of the sam e, and thereupon the Director shall act
accordingly.]4
(6) Every recognized institution shall be managed in accordance with the Scheme
of Administration f ramed under and in accordance with sub -section (1) to
sub-section (5) and sections 16-B and I6-C.
[(7) Whenever there is dispute with respect to the , Management of an institution,
persons found by the Regional Deputy Director of Education, upon such
enquiry as is deemed fit to be in actual control of its affair may for purposes
of this Act, be recognized to constitute the Committee of Management of such
institution until a court of competent jurisdiction directs otherwise;
Provided that the Regional Deputy Director of Edu cation shall, before
making an order under this subsectio n, afford reason able opportunity to the
rival claimants to make representations in writing.
1. Sections 16-A to 16-I added by sec. 7 of U. P. Act No. XXXV of 1958.
2. Ins. by section 13(a) of U. P. Act No. 26 of 1975.
3. Subs. by s. 13(b) ibid.
4. Ins. by section 13(c) ibid.
89
[The Intermediate Education Act, 1921] [Section 16B-16CC]
Explanation- In determining the question as to who in actual control of
the affairs of the institution, the Regional Deputy Director of Education shall
have regard to the control over the funds of the institution and over the
administration the receipt of income from its properties, the Scheme of
Administration approved under sub -section (5) and othe r relevent
circumstances.]1
16-B (1) In the case of an institution already recognized a t the date of the
commencement of the Interm ediate Education (Amendment) Act, 1958, a
draft of the S cheme of Administration shall be prepared and submitted to the
Director for his approval in accor dance with section I6 -C within six m onths
from the said commencement and in all other cases a long with the application
for recognition.
(2) If an institution which is already recognized at the com mencement of we
Intermediate Education (Amendment) Act, 1958, fails to comply with the
provision of sub -section (1) wi thin the period provided therefor, the Director
shall send a notice to such institution requiring it to submit the Scheme of
Administration within a further period of three months;
Provided that on a representation by the institution prior to the expiry of
the extended period the D irector may in his discretion allow a further
extension for a period of three months.
(3) If the Scheme of Admi nistration is not submitted withi n the time allotted the
Director shall take action in accordance with [sub-section (3) of section 16-D]2
16-C (1) [Subject to the provisions of this Act,] 3 the Director shall within such period
of time as m ay be prescribed, either approve the draft Scheme of
Administration submitted under section 16 -B, or suggest any alteration or
modification therein. Whenever the Director shall so suggest any alte ration or
modification in the Scheme of Administration he shall send a copy of the same
to the institution giving his reasons therefor and affordi ng an opportunity to
the institution, to make a representation, within such period of time as may be
prescribed :
Provided that if t he Director does not suggest an y alteration or
modification in the Draft Scheme of Administration within the period of time
prescribed by regulations, the D raft Scheme of Administration shall be
deemed to have been approved.
(2) The Director shall c onsider any representation made in accordance wi th the
provision of sub-section (1) and may approve the scheme of Administration in
its original form or subject to the alteration and, modification suggested u nder
the said sub-section or with any other changes as may appear to him to be just
and proper;
Provided that where the Director pr oposes to make a new altera tion or
modification in the Scheme of Administration he shall give an opportunity to
the institution to make a representation to him within such period of time as
may be prescribed.
1. Substituted by section 3 of U. P. Act No. 1 of 1981.
2. Subs. by section 4 ibid.
3. Ins. by section 5 ibid.
90
[The Intermediate Education Act, 1921] [Section 16CC-16D]
1[16-
CC
The Scheme of Administration in relation to an y institution, Whether recognized
before or after the commencement of the Intermediate Education (Amendment)
Act, 1980 shall not be inconsistent with the principles laid down in the Third
Scheme.
16-CCC (1) Where in relation to any institution, the Scheme of Administrati on has been or
deemed to have been approved under sec tion 16-A or section 16-B or section
16-C, at any ti me before the commencement of the Intermediate Educatio n
(Amendment) Act, 1980, and such Scheme of Administra tion is inconsistent
with the provisions of this Act, the Director shall send, within a period of
[three year s]2 from such commencement a notice to such institution
suggesting any alteration or modifica tion therein and requirin g the institution
to submit a fresh Scheme of Administration or to amend or alter the existing
Scheme.
(2) While making an y suggestion in the Scheme of Administration under sub -
section (1), the Director shall give his reasons therefor and shall also afford an
opportunity to the institution to make a representation within such period as
may be specified in the notice.
(3) The Director shal l consider any representation made in accordance with sub-
section (2) and may ap prove the Scheme of Admini stration in its original
form or subject to any alteration or modificat ion suggested under sub-section
(1) or with any other changes as may appear to him to be just and proper;
Provided that where the Director propo ses to make any new alteration
or modification in the Scheme of Ad ministration he shall give an
opportunity to the institution to make a representation within such period as
may be specified by him.
16-D (1) The Director may cause a recognized institution to be inspected from time to
time.
(2) The Director may direct a management to remove any defect or def iciency
found on inspection or otherwise.
(3) If on the receipt of information or otherwise, the Director is satisfied that~-
(i) the Committe e of Management of an institu tion has failed to comply
with the judgmen t of any court or any directi on made under this Act or any
other law for the time being in force; or
(ii) the Committee h as failed to appoint teaching staff possessing such
qualifications as are necessary for the purpose of ensuring the mainte nance of
academic standard in the institution or has appointed or retained in service
any teaching or non -teaching staff in contravention of the provisions of this
Act or the Regulations; or
(iii) any dispute with respect to the right claimed by different persons t o
be lawful office -bearers of the Committee o f Management has affected the
smooth and orderly administration of the institution concerned; or
1. Section 16CC to 16DD added by section 6 of U.P. Act No. 1 of 1981.
2. Substituted by section 2 of U.P. Act No. 6 of 1984.
91
[The Intermediate Education Act, 1921] [Section 16D]
(iv) the Committee has persistently failed to provide the institution wit h
such adequate and proper accommodation, library, furniture, stationery,
laboratory equipment or othe r facilities as are necessary for the efficient
administration of such institution; or
(v) the Committee has substantially diverted, misapplied or
misappropriated the property of the institution to its detriment or has
transferred any p roperty in contravention o f the provisions of the Uttar
Pradesh Educational Ins titutions (Prevention of Dis sipation of Assets) Act,
1974; or
(vi) the draft of the Scheme of Administration has not been subm itted
within the time allowed therefor under section 16-B, or that the Management
of the institution is being conducted otherwise than in accordance wi th the
Scheme of Administra tion or the affairs of the institution are being otherwise
mismanaged;
(vii) the Sche me of Administration in relation to an institution, approv ed
before the commencement of the Intermediate Edu cation (Amendment) Act,
1980, is inconsistent with the p rovisions of this Act and the management of
the institution has failed to alter or modify it within a reasonable time despite
notice under section 16-CCC;
he may refer the case t o the Board for withdrawal of recognition of such
institution, or issue notice to the Committee of Managemen t to show -cause
within thirty days from the date of receipt of such notice why an order under
sub-section (4) should not be made.
(4) Where the Committee of Management of an institution fails to show -cause
within the time allowed under sub -section (3) or within such extended time as
the Director may from time to time allow, or where the Director is, after
considering the cause shown by the Committee of Manageme nt, satisfied that
any of the grounds mentioned in sub-section (3) exists, he may, recommend to
the State Government to appoint an Authorised Controller for the institution,
and thereupon, the State Government may , by order, for reasons to be
recorded, authorize any pe rson (hereinafter referred to as the Authorised
Controller) to take over, for such period not exceeding two ye ars, as may be
specified, the Management of such institution and its properties :
Provided that if the S tate Government is of opinion that it is expedient
so t o do, in order to continue to secure the proper management of the
institution and its properties, it may, from time to time, extend the operation of
the order, for such period, not exceeding one year at a time, as it may specify,
so however, that the total period of operation of the order, including the period
specified in the ini tial order, but excluding the period specified in sub -section
(8), does not exceed five years :
Provided further that if at the expiration of the said period of five years,
there is no lawfully constituted Committee of Management of the institution,
the Authorised Controller shall continue to function as su ch, until the State
Government is satisfied that a Committee of Management has been lawfully
constituted.
92
[The Intermediate Education Act, 1921] [Section 16E]
(5) If on the receipt of information or otherwise, the State Government is o f
opinion that in relation to an institution the ground mentioned in clause (iii) or
clause (v) of sub -section (3) exists, and that the interest of the institution calls
for i mmediate action, it may, not withstanding anything conta ined in the said
sub-section, issue notice to the Management of such institution to show -cause
within fifteen days from the date of receipt of such notice why an Authorized
Controller be not appointed in respect of such institution.
(6) Where the committee of Management of the concerned ins titution fails to
show-cause within the time allowed under sub -section (5), or within such
extended time as the State Government may, from time to time allow, or
where the State Government is, after considering the cause shown by the
committee of Managemen t satisfied that any of the grounds mentioned in
clause(iii) or clause (v) of sub -section (3) exists, it may, by order and for
reasons to be recorded, appoint an authorized controller in respect of such
institution, and thereupon, the provisions of sub -section (4) shall, mutatis
mutandis apply.
(7) every notice issued by the Director under sub -section (3) on or before the
service of the notice referred to in sub -section (5) and not finally disposed of
on the date of such service shall, with effect from the said date, be deemed to
have been placed in abeyance:
Provided that nothing contained in this sub -section shall be deemed to
prevent the Director to take action upon grounds other than those mentioned in
clauses (iii) and (v) of sub -section (3) in case the notice issued by the State
government under sub-section (5) is discharged.
(8) If the State Government is of opinion that immediate suspension of the
committee of Management is also necessary or expedient in the interest of the
institution concerned, it may, while issuing notice under sub -section (5), by
order and for reasons to be recorded, suspend the committee of management
and make such arrangement as it thinks proper for managing the affairs of the
institution pending the order that may subsequently be made under sub-section
(6);
Provided that the suspension shall not remain in force for more than six
months from the date it becomes effective.
Explanation I - for the removal of doubts it is hereby declared that in
computing the period of time specifi ed in sub -section (4) or sub -section (8),
the time during which the operation of the order was suspended by the High
Court in exercise of the powers under Article 226 of the constitution shall be
excluded.
Explanation II - Nothing in sub -section (4) [or su b-section (6 )]1 shall
preclude the State Government from revoking an order of appointment of an
Authorized Controller appointed under any of the said provisions.
(9) Nothing in this section shall be construed to confer on the Authorized
controller appoin ted under sub -section (4) or sub -section (8), the power to
transfer any immovable property belonging to the institution (except by way
of letting from month to month in the ordinary course of management) or to
create any charge thereon (except as a conditi on of receipt of any grant -in-aid
for the institution from the State Government or the Government of India).
1. Substituted by section 3 of U.P. Act No. 6 of 1984.
93
[The Intermediate Education Act, 1921] [Section 16D]
(10) Any order made under th is section shall have effect notwithstanding anything
inconsistent therewith contained in any other enactment or in any instrument
(including any Scheme of Administration) relating to the management and
control of the institution or its property :
Provided that the property of the institution and any income therefrom
shall continue to be applied for the purposed of the institution as provided in
any such instrument.
(11) The Director may give to the Authorized Controller such directions as he may Excerpt shown. Open the full act in Lexace.