The uttar pradesh higher education services commission act 1980
Uttarakhand · state statute
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THE UTTAR PRADESH HIGHER EDUCATION SERVICES
COMMISSION ACT 19801
[U. P. ACT NO. XVI OF 1980]
As amended by U. P. Act No.9 of 1982
[Passed in Hindi by the Uttar Pradesh Legislative Assembly on September 26,
1980 and by the Uttar Pradesh Legislative Council on September 8, 1980.
Received the assent of the Governor on October 1, 1980 under Article 200 or ‘the
Constitution of Ind ia’ and was published in the Uttar Pradesh Gazette Extraordinary,
dated October 3, 1980.]
AN
ACT
to establish a service commission for the selection of teachers for appointment to
the colleges affiliated to or recognized by a University, and for matters connected
therewith or incidental thereto.
IT IS HEREBY enacted in t he Thirty -first Year of the Republic of India, as
follow:-
CHAPTER I
Preliminary
Short title and
commencement
1. (1) This Act may be called the Uttar Pradesh Higher Education Services
Commission Act, 1980.
(2) It shall come into fo rce on such date as the State Government may, by
notification2 appoint in this behalf.
Definition 2. In this Act-
(a) "appointment" in relation to a teacher does not include an appointment
under sub-section (3) of section 31 of the Uttar Pradesh State Universities
Act, 1973;
(b) "Chairman" means the Chairman of the Commission and includes any
other person performing, in the absence of the Chairman for the time being
the functions of the Chairman;
(c) "college" means an affiliated or associated college to which the
privileges of affili ation or recognition, as such has been granted by a
University, and includes a college maintained by a local authority but does not
include a college maintained by the State Government [or a College imparting
medical education;]3
(d) "Commission" mean s the Higher Services Commis sion established
under section 3;
(e) "Direct or" means the Director of Education (Higher Education) and
includes Joint Dir ector of Education or Deputy Director of Educat ion
authorized by him in this behalf :
1. For statement of objects and Reasons, see Uttar Pradesh Gazet te, Ex traordinary, dated
September 6, 1980.
2. The Act was enforced w.e.f. August 21, 1981 vice notification no. 4280/XV -10-81-15(95)-
81, dated August 20, 1981.
3. Chapter-III insertion by section 5 of U.P. Act No. 26 of 1989.
123
[The Uttar Pradesh Higher Education Services Commission Act, 1980] [Section 3-4]
(f) "Member" means a member of the Commission and includes its
Chairman;
(g) other words used and not defined in this Act but defined in the Ut tar
Pradesh State Universities Act, 1973 shall have the meanings r espectively
assigned to them in that Act.
Chapter II
Establishment of the Commission
Establishment
of the
Committee
3. (1) With effect from such date as the State Government may by notification 1
appoint in this behalf there shall be established a C ommission to be called the
“Uttar Pradesh Higher Education Services Commission.”
(2) The Commission shall be a body corporate.
Composition
of the
Commission
4. (1) The Commission shall consist of a Chairman and not less than two and not
more than four other members to be appointed by the State Government.
[(2) No person shall be qualified for appointment as Chairman or member unless
he is or has been-
(a) a member of the Uttar Pradesh Higher Judicial Service who has held
the post of District Judge or any other post equivalent thereto; or
(b) a member of the Indian Administrative Service who has held the post
of a Secretary to the State Government or any other post under the State
Government equivalent thereto; or
(c) a Vice-Chancellor of any University; or
(d) a Professor in any University.
(2-A) No person shall be qualified for appointment as Member unless he is or has
been –
(a) a member of the Uttar Pradesh Higher Judicial Service, who has held
the post of District Judge or any other post equivalent thereto; or
(b) a member of the Indian Administrative Service who has held the post
of a Secretary to the State Government or any other post under the State
Government equivalent thereto; or
(c) a Vice-Chancellor of any University; or
(d) a Professor in any University;
(e) a Principal of a Post Graduate College for a period of not less than ten
years ; or
(f) a Principal of a Degree College for a period of not less than fifteen
years.]2
1. A commission was established w.e.f. November 1, 1982 vide notification no. 5004/XV-
10-82-15(95)-81, date October 23, 1982.
2. Substituted by section 2 of U.P. Act No. 10 of 1997
124
[The Uttar Pradesh Higher Education Services Commission Act, 1980] [Section 5-7]
(3) Every appointment under this section shall take effect from the date on which
it is notified by the State Government.
Term of office
and conditions
of service of
members
5. (1) Every member sh all, unless he becomes disqualified for continuing as such
under the rules that may be made under this Act hold office for a term of three
years.
(2) No person shall be a member of the Commission for more than two
consecutive terms.
(3) A member of the Commission may resign his office by writing under his hand
addressed to the State Government, but he shall continue in office until his
resignation is accepted by the State Government.
(4) The office of the members shall be whole-time and the terms and conditions of
their service shall be such as the State Government may by order direct.
(5) Notwithstanding anything contained in this section, no person shall be
appointed or continue as a member of the Commission, if he has attained th e
age of sixty-two years.
Powers of the
State
Government to
remove the
members
6. (1) The State Government may, by order, remove from office any member, if he-
(a) is adjudged an insolvent; or
(b) engages, during his term of office, in any paid employment outside the
duties of his office; or
(c) is in the opinion of the State Government unfit to continue in office by
reason of infirmity of mind or body or of proved misconduct.
Explanation- [***]1
(2) The procedure for the investigation and proof of misconduct under this section
shall be such as may be prescribed.
(3) The State Governme nt may suspend from office any member in respect of
whom any action is contemplated under this section.
Power to
associate
7. The Commission m ay associate with itself, in such manner and for such
purposes as may be determined by regulations made under section 31, any
person whose assistance or advice it may desire to hav e in carrying out any of
the provisions of this Act.
1. Omitted by section 3 of U. P. Act No. 10 of 1997.
125
[The Uttar Pradesh Higher Education Services Commission Act, 1980] [Section 8-11]
Proceedings
of the
Commission
not to be
invalidated
8. No act or proceeding of the Commission shall be deemed to be invalid merely
on the ground of-
(a) any vacancy or defect in the constitution of the Commission; or
(b) any defect or irregularity in the appointment of a person acting as a
member thereof; or
(c) any defect or irregular ity in such act or proceeding not affecting the
substance.
Staff of the
commission
9. (1) The Secretary of the Commission shall be appointed by the State Government
on deputation for a term n ot exceeding five years, and other conditions of his
service shall be such as the State Government may, from time to time,
determine.
(2) Subject to such directions as may be issued by the State Government in this
behalf, the Commission may appo int such other employees as it may th ink
necessary for the efficient performance of its functions under th is Act, and on
such terms and conditions of service as the Commission think fit.
Authentication
of the orders
of the
Commission
10. All orders and decisions of the Commission shall be authenticated by the
signature of the Secretary, or any other officer authorised by, the Commission
in this behalf.
CHAPTER III
Functions of the Commission
Powers and
duties
11. The Commission shall have the following powers and duties, namely-
(a) to prepare guidelines on matters relating to the method of recruitment
of teachers in Colleges ;
(b) to conduct examinations where considered necessary, hold interviews
and make selection of candidates for being appointed, as such teachers ;
(c) to select and invite experts and to appoint examiners for the purposes
specified in clause (b) ;
(d) to make recommendation to the management regarding the
appointment of selected candidates;
(e) to obtain periodical returns or other information from colleg es
regarding strengt h of the teaching staff and the appointment, dismissal,
removal, termination or reduction in rank of teachers therein;
(f) to fix the emoluments and travelling and other allowance of the
experts and examiners;
(g) to administer the funds placed at the disposal of the Commission;
(h) to perform such other duties and exercise such other powers as may be
prescribed or as may be incidental or conducive to the discharge of the above
functions.
126
[The Uttar Pradesh Higher Education Services Commission Act, 1980] [Section 12-13]
1[Procedure
for appoint-
ment of
teachers
12. (1) Every appointment as a teacher of any college shall be made by the
management in accordance with the provisions of this Act and every
appointment made in contravention thereof shall be void.
(2) The management shall intimate the existing vacancies and the vacancies
likely to be caused during the course of the ensuing academic year, to the
Director at such time and in such manner, as may be prescribed.
Explanation— The expr ession “academic year” means the period of 12
months commencing on July 1.
(3) The Director shall notify to the Commission at such time and in such manner
as may be prescribed a subject wise consolidated list of vacancies intimated to
him from all colleges.
(4) The manner of selection of persons for appointment to the posts of teachers of
a college shall be such, as may be determined by regulations :
Provided that the Commission shall with a view to inviting talented
persons give wide publicity in the State to the vacancies notified to it under
sub-section (3) :
Provided further that the candidates shall be required to indicate their
order of preference for the various colleges, vacancies wherein have been
advertised.
Recommen-
dation of
Commission
13. (1) The Commission shall, as soon as possible, after the notification of vacancies
to it under sub -section (3) of section 12, hold interview (with or without
written examination) of the candidates and send to the Director a list
recommending such number of names of candid ates found most suitable in
each subject as may be, so for as practicable, twenty -five per cent more than
the number of vacancies in that subject such names shall be arranged in order
of merit shown in the interview, or in the examination and interview if an
examination is held.
(2) The list sent by the Commission shall be valid till the receipt of a new list from
the Commission.
(3) The Director shall having due regard in the prescribed manner, to the order of
preference if any indicated by the candidates under the second proviso to sub-
section (4) of section 12, intimate to the management the name of a candidate
from the list referred to in sub -section (1), for being appointed in the vacancy
intimated under sub-section (2) of section 12.
(4) Where a vacancy occurs due to death, resignation or otherwise during the
period of validity of the list referred to in sub -section (2), and such vacancy
has not be en notified to the Commission under sub -section (3) of section 12,
the Director may intimate to the management the name of a candidate from
such list for appointment in such vacancy.
(5) Notwithstanding anything in the preceding provisions, where to abolition of
any post of teacher in any college, services of the person substantively
appointed to such post is terminated, the State Government may make suitable
order for his appointment in suitable vacancy, whether notified under sub -
section (3) of section 12 or not, in any other college, and thereupon the
Director shall intimate to the management accordingly.
1. Substituted by section 2 of U. P. Act No. 2 of 1992.
127
[The Uttar Pradesh Higher Education Services Commission Act, 1980] [Section 14-18]
(6) The Director shall send a copy of the intimation made under sub-section (3) or
sub-section (4) or sub-section (5) to the candidate concerned.
Duty of
Management
14. (1) The management shall, within a period of one month from the date of receipt
of in timation under sub -section (3) or sub -section (4) o r su b-section (5) of
section 13, issue appointment letter to the person whose name has been
intimated.
(2) Where the person referred to in sub -section (1) fails to join the post within the
time allowed in the appointment letter or within such extended time as the
management may allow in this behalf, or where such person is otherwise not
available for appointment, the Director, shall on the request of the
management intimate fresh name from the list sent by the Commission under
sub-section (1) of section 13 in the manner prescribed.]1
Inquiry by
Director
15. (1) Where any person is e ntitled to be appointed as a teacher in any college in
accordance w ith sections 12 to 14, but he is not so appointed by the
management within the time provided therefor, he may apply to the Director
for a direction under subsection (2).
(2) On receipt of an application under sub-section (1), the Director may hold an
inquiry, and if he is satisfied that the management has failed to appoint the
applicant as a teacher in contravention of the provisions of this Act, he may
by order, require-
(a) the management to appoint the applicant as a teacher forthwith, and to
pay him salary from the date specified in the order; and
(b) the principal of the College concerned to take work from him as a
teacher.
(3) The amount of salary , if any due to such teacher shall , on a certificate issued
by the Director, be recoverable by the Collector as arrears of land revenue.
16. [ * * * ]2
Power to call
for information
17. The Commission may require the management of any college to submit such
information or return re garding the matters referred to in section 11 as it
thinks fit, and the management shall be bound to comply with the same.
Power to
inspect records,
register etc.
18. The Secretary or any other officer authorized by the Commission shall have
access to every record, register or document in possession of the management
and he may enter at any reasonable time, any premises where he believes such
record, register or document to be, and may inspect and take copies of
relevant records or documents.
1. Substituted by section 2 of U. P. Act No. 2 of 1992.
2. Omitted by section 3 ibid.
128
[The Uttar Pradesh Higher Education Services Commission Act, 1980] [Section 19-23]
CHAPTER IV
Annual Reports and Accounts
Payment to the
Commission
19. The State Governme nt may, after due appropriation made by law in this
behalf, pay to t he Commission in each finan cial year such sum as may be
considered necessary for the per formance of the functions of the Commission
under this Act.
Fund of the
Commission
20. (1) The Co mmission shall have its own Fund, and all sums paid to it by the State
Government and all receipts of the Commission shall be carried to the Fund
and all payments by the Commission shall be made therefrom.
(2) All moneys belonging to the Fund shall be deposited in such banks or invested
in such manner as may, subject to the approval of the State Government, be
decided by the Commission.
(3) The Commission may spend s uch sums as it thinks fit for performing its
functions under this Act, and such sums shall be treated as expenditure
payable out of the fund of the Commission.
Annual
Reports
21. The Commission shall prepare once every year, in such form and at such time
as may be prescribed, an annual report giving a true and full account of its
activities during the previous year, and copies thereof shall be f orwarded to
the State Govern ment, and the State Government sh all cause the same to be
laid before both the Houses of the State Legislature.
Accounts and
Audit
22. (1) The Commission shall cause to be maintained such books of accounts and
other books in relation to its account, in such form and in such manner as the
State Government may, by general or special order direct.
(2) The Commission shall as soon as may be after closing its annual accou nts,
prepare state ment of accounts in such form and forward the same to the
Accountant General, by such date as the State Government may, in
consultation with the Accountant General determine, for audit under section
14 of the Comptroller and Auditor Gener als (Duties, Powers and Conditions
of Service) Act, 1971.
(3) The annual accounts of the Commission together with the audit report thereon
shall be forwarded to the Stat e Government and the Government shall cau se
the same to be laid before both Houses of the State Legislature.
CHAPTER V
Miscellaneous
Delegation 23. The Commission may, by regulations made under section 31, delegate to its
Chairman or any of its memb ers or officers, its power of general
superintendence an d direction over the business transacted by, or in, the
Commission including the powers with regard to the expenditure incurred in
connection with the main tenance of the office and internal ad ministration of
the Commission.
129
[The Uttar Pradesh Higher Education Services Commission Act, 1980] [Section 24-29]
Exemptions to
minority
Institution
24. Notwithstanding anything contained in this Act, the management of any
college establish ed by a minority based on re ligion or language which the
minority has the right to administer, shall b e entitled to appoint, dismiss,
remove, terminate the services of or reduce in rank a teacher or tak e other
disciplinary measures subject only to the approval of the Commission and of
the University concerned.
Punishment
for contra-
vention of the
provisions of
the Act
25. Any person who fails to comply with the recommendations of the
Commission or w ith the o rders of the Director made in accordance with the
provisions of this Act, or appoints a teacher in contravention of the provisions
of this Act, sh all, on conviction, be punished with imprisonment for a t erm
which may extend to three years or with fine which may exte nd to five
thousand rupees or with both.
Punishment
for failure to
furnish infor-
mation or
wilful obstruc-
tion
26. If any person-
(a) wilfully withholds o r fails to furnish any return or information
lawfully required by the Commission within the time allowed therefor :
(b) wilfully obstructs a ny person from duly carrying out all or any of
the provisions of this Act shall, on conviction, be punished with imprisonment
for a term which may extend to on e year or with fine which may extend to
one thousand rupees or with both.
Offences by
societies
27. (1) If the person committing the offence under section 25 or section 26 is a
society registered under the Societies Registra tion Act, 18 60, the society as
well as every person incharge of and responsible to the society for the conduct
of its business at the time of the offence shall be deemed to be gu ilty of the
offence and shall be liable to be proceeded against and punished accordingly:
Provided that nothing contained in this section s hall render any such
person liable to any punis hment, if he proves that the offence was committed
without his k nowledge or that he exercised all due diligence to prevent the
commission of such offence.
(2) Notwithstanding anything contained i n s ub-section (1), where any offence
under this Act has been committed by a registered society and it is proved that
the offence has been committed with the consent or connivance of, or that the
commission of offence is attributable to any neglect on the part of any
member of the society, such member shall also be deemed to be guilty of that
offence and shall be liable to be proceeded against and punished accordingly.
Bar against
prosecution
28. No prosecution for the offence under this Act shall be instituted except with
the previous san ction of the Director or such officer or authority as the State
Government may, by general or special orders, specify in this behalf.
Protection of
action taken in
good faith
29. No suit, prosecution or other proceeding shall lie against any person for
anything which is in good faith done or intended to be done under this Act.
130
[The Uttar Pradesh Higher Education Services Commission Act, 1980] [Section 30-31B]
Act to have
overriding
effect
30. The provisions of this Act shall have effect notwith standing anything to the
contrary c ontained in the Uttar Pradesh State Universities Act, 1973 or th e
Statutes or Ordinances made thereunder.
Power to make
regulations
31. (1) The Commission ma y, with the previous approval of the State Government,
make reg ulations prescribing fees for holding selections, conducting
examinations where necessary holding interviews a nd laying down the
procedure to be followed by the Commission for discharging its duties and
performing its functions under this Act.
(2) The regulations made under sub -section (1) shall not be inconsistent with the
provisions of this Act or the rules made under section 32.
[Power to
remove
difficulties
31-A (1) The State Government may, for the purposes of removing any difficulty, by a
notified order direct that the provisions of this Act shall, during such period as
may be specified in the order, have effect subject to such adaptations. whether
by way of modification, addition or omission, as it may deem to be necessary,
or expedient :
Provided that no such order shall be mad e after the expiry of two years
from the date of commencement [of the Utta r Pradesh Higher Education
Service Commission (Amendment) Act, 1992.]2
(2) Every order made under sub-section (1) shall be laid before both Houses of the
State Legislature.
(3) No order under sub -section (1) shall be called in question in any court on the
ground that no diff iculty, as is referred to in sub-section (1) , exis ted or
required to be removed.]1
[Regularizati-
on of certain
ad hoc
appointments
31-B (1) Every teacher, other than a Principal, directly appointed on or before January
3, 1984, on ad hoc basis, against a substantive vacancy in accordance with the
provisions of the Uttar Pradesh Higher Education Services Commission
(Removal of Difficulties) Order, 1982 of the Uttar Pradesh Higher Education
Services Commission (Removal of Difficul ties) Order, 1983, who posses the
qualifications prescribed under, or is exempted from such qualifications in
accordance with, the provisions of the concerned Statutes, shall with effect
from the date of commencement of the Uttar Pradesh Higher Education
Services Commission (Amendment) Act, 1985, be deemed to have been
appointed in a substantive capacity provided that such teacher has been
continuously serving the College from the date of such ad hoc appointment up
to the date of such commencement.
(2) Every teacher deemed to have been appointed in substantive capacity under
sub-section (1), shall be deemed to be on probation from the date of such
commencement.
1. Added by section 3 of U. P. Act No. 9 of 1982.
2. Substituted by section 4 of U.P. Act No. 2 of 1992.
131
[The Uttar Pradesh Higher Education Services Commission Act, 1980] [Section 31C]
[(2-A) A teacher other than a Principal directly appointed on or before
January 3, 1984 on ad hoc basis in a vacancy referred to in clause (iv) or clause (v)
of sub-para (1) of paragraph 2 of the Uttar Pradesh Higher Education Services
Commission (Removal of Difficulties) Order, 1982 or in clause (iv) or clause (v)
of sub -para (1) of paragraph 2 of the Uttar Pradesh Higher Education Services
Commission (Removal of Difficulties) Order, 1983, in accordance with the
provisions of such Orders and continuously serving the college from the date of
such ad hoc appointment till September 2, 1989, who possesses the qualifications
prescribed under, or is exempted from such q ualifications prescribed under, or is
exempted from such qualifications in accordance with, the provisions of the
concerned Statutes, may be given substantive appointment by the Management of
the College, if :--
(a) any substantive vacancy of the same cadr e and grade in the same
department is available on September 2, 1989; and
(b) the work and conduct of the teacher is found satisfactory.]2
(3) Nothing in this section shall be construed to entitle any teacher to
substantive appointment if—
(a) on the date of such commencement, such post had already been filled,
or selection for such post had already been made, in accordance with the
provisions of this Act, or
(b) such teacher was related to any member of the Management, or the
Principal, of the College concerned.
Explanation – For the purpose of this sub -section a person shall be deemed to be
related to another if they are related in the manner mentioned in the
Explanation to section 20 of the Uttar Pradesh State Universities Act, 1973.]1
[Regularization
of other ad-hoc
appointments
31-C (1) Any teacher, other than a principal who—
(a) was appointed on ad-hoc basis after [November 22, 1991]2 but not
later than June 30, 1991 on a post –
(i) which after its due creation was never filled earlier; or
(ii) which aft er its due creation was filled earlier and after its
falling vacant, permission to fill it was obtained from the Director;
(iii) which came into being in pursuance of the terms of new
affiliation or recognition granted to the College and has been
continuously se rving the college from the date of such ad-hoc
appointment up to the date of commencement of the Uttar Pradesh
Higher Education Services Commission (Amendment) Act, 1992;
[(b) was appointed on ad hoc basis under sub-section (1) of section 16
as it stood be fore its omission by the Act referred to in clause (a), whether or
not the vacancy was notified to the Commission.]3
1. Added by section 3 of U. P. Act No. 22 of 1985.
2. Chapter-III added by section 5 of U.P. Act No. 26 of 1989.
3. Substituted by section 4(a)(i) of U.P. Act No. 10 of 1997.
4. Substituted by section 4(a)(ii) ibid.
132
[The Uttar Pradesh Higher Education Services Commission Act, 1980] [Section 32]
(c) possessed on the date of such commencement, the qualifications
required for regular appointment to the post [or was given relaxation from
such qualifications] 1 under the previsions of the relevant statute in force on
the date of such ad-hoc appointment;
(d) [***]2
(e) has been found suitable for regular appointment by a Selection
Committee constituted under sub-section (2);
may be given substantive appointment by the management of the college, if
any substantive vacancy of the same cadre and grade in the same department
is available on the date of commencement of the Act referred to in clause (a).
(2) The Selection Committee consisting, the following members namely--
(i) a member of the Commission nominated by the Government who
shall be the Chairman;
(ii) an officer not below the rank of Special Secretary, to be nominated
by the Secretary to the Government of Uttar Pradesh in the Higher Education
Department;
(iii) the Director;
shall consider the cases of every such ad-hoc teacher and on being
satisfied about his eligibility in view of the provisions of sub -section (1), and
his work and conduct on the basis of his record, recommend his name to the
management of the college for appointment under sub-section (1).
(3) Where a person recommended by the Commission under section 13 before the
commencement of the Act referred to in sub -section (1) does not get an
appointment because of the appointment of another person under sub -section
(1) in the vacancy for which he was so recommended, the State Government
shall make suitable order for his appointment in a suitable vacancy n any
college and the provisions of sub -sections (5) and (6) of section 13 and of
section 14 shall mutatis mutandis apply.
(4) A teacher appointed on ad-hoc basis referred to in sub -section (1), who does
not get a substantive appointment under that sub -section and a teacher
appointed on ad hoc basis who is not eligible to get a substantive appointment
under sub-section (1), shall cease to hold the ad-hoc appointment after March
31, 1992.]3
[(5) Notwithstanding anything to the contrary in sub -section (4), the selection
committee constituted under sub-section (2), shall be view of the amendments
made in clauses (b) to (d) of sub -section (1), by the Uttar Pradesh Higher
Education Services Commission (Amendment) Act, 1997 reconsider the case
of every teacher who ceased to hold appointment under s ub-section (4) and is
as a result of reconsideration any such teacher is found suitable for
substantive appointment , a s may be given substantive appointment as
provided in sub-section (1), and shall be deemed never to have ceased to hold
appointment.]4
Power to make
rules
32. The State Government ma y by notification make rules for carrying out the
purposes of this Act.
1. Substituted by section 4(a)(iii) of U. P. Act No. 2 of 1992.
2. Omitted by section 4(a)(iv) ibid.
3. Section 31-C added by section 5 ibid.
4. Added by section 4(b) of U.P. Act No. 10 of 1997.
Lex