The uttar pradesh high schools and intermidate colleges (payment of salaries of teachers and other employees) act, 1971

112 
 
THE UTTAR PRADESH HIGH SCHOOLS AND INTERMIDATE 
COLLEGES (PAYMENT OF SALARIES OF TEACHERS AND 
OTHER EMPLOYEES) ACT, 19711 
 
[UTTAR PRADESH ACT NO. 24 OF 1971. 
 
 
AMENDED BY U. P. ACT No. 26 of 1975 
 
[Passed in Hindi by the Uttar Pradesh Legislative Assembly on 10th August, 1971 
and by the Uttar Pradesh Legislative Council with amendments 17th August 1971 and the 
amendments made by the U.  P. Legislative Council was accepted by the U. P. Legislative 
Assembly on 19th August, 1971.  
 
Received the Assent of the Pre sident on the 29th August, 1971 under Article 201 
of ‘the Constitution of I ndia’, and was published in the Uttar Pradesh  Gazette 
extraordinary, dated 30th August, 197l.]  
 
AN 
ACT 
to regulate the payment of salaries to teachers and other employees of High 
Schools and Intermediate Colleges receiving aid out of the State funds and to provide for 
matters connected therewith.  
IT IS HEBEBY enacted  in the Twenty -second Year of the Republic of India as 
follows :- 
Short title  
extent and  
commencement  
1. (1) This Act may be called the Uttar Pradesh High Schools and Intermediate 
Colleges (Payment of Salaries of Teachers and Other Employees) Act, 1971.  
(2)  It extends to the whole of Uttar Pradesh.  
(3)  It shall be deemed to have come into force on August 1st, I971.  
 
Definitions  2. In this Act, unless the context otherwise requires-  
(a) "Inspector" means the Distr ict Inspector of Schools, and in relation 
to a girls' instituti on, the D istrict Inspectors of Girls Schools or the Regional 
Inspectors of Girls' Schools, as the case may be, and in each case includes any 
other officer authorized by the State Government to perform all or any o f the 
functions of the Inspector under this Act;  
(b) "institution" means a recognized institution for the time being 
receiving maintenance grant from the State Government;  
(c) "maintenance grant" means such grant -in-aid of an institution as the 
State Governmen t by general or special order in that behalf directs to be 
treated as maintenance grant appropriate to the level of the institution ;  
(d) "management" in relation to any institution, means the committee of 
management constituted in accordance with the scheme of  administration, if 
any, and includes the manager or other person vested with the  authority to 
manage and conduct the affairs of the institution;  
 
 
1.     For Statement of objects and Reasons, see Uttar Pradesh Gazette (Extraordinary) dated 
19th July 1971. 
 
113 
 
 
[The Uttar Pradesh High Schools and Intermediate Colleges    [Section 3-4] 
(Payment of Salaries of Teachers and Other Employees) Act, 1971] 
 
  (e) "teacher" of an institution means a principal, headmaster or other 
teacher in respect of  whose employment maintenance grant is paid by the 
State Government to the institution and includes any other teacher emplo yed 
in fulf illment of the Con ditions of recognition of the institution or its 
recognition in a new subject or for a higher class or as a result of the opening 
with the approval of the Inspector of a new section in an existing class;  
(f) "employee" of an institution means a non -teaching employee in 
respect of whose employment maintenance grant is paid by th e State 
Government to the institution;  
(g) "salary" of a teacher o r employee means the aggregate  of the 
emoluments, including dearness or any other allowance, for  the time being 
payable to him at the rates approved for the purpose of  payment of 
maintenance grant;   
(h) other words and expression s defined in the Intermediate Education 
Act, 1921, and not herein defined shall have the meanings assigned to them in 
that Act. 
 
Payment of  
salary within  
time and  
without 
unauthorized 
deductions 
3. (1)  Notwithstanding any contract to the contrary, the salary of a teacher or other 
employee of an institution in respect of any period after the thirty -first day of 
March, 1971, shall be paid to him before the expiry of the twentieth day, or  
such earlier day as the State Government may by general or special order in 
that behalf appoint, of the month next following the month in respect of which 
or any part of which, it is payable.  
(2)  The salary [shall, subject to the provisions of sub-section (3) be paid]1; without 
deductions of an y kind except those authorized by the regulations or by any 
rules made under the Act or by any other law for the time being in force.  
[(3)  Where the salary of a teacher or other employee of, an institution is not paid 
in acco rdance with sub -section (1), due to any default on the part of the 
management, the Inspector may, without prejudice to any other provisions of 
this Act, pay or cause to be p aid within ten -days from the date mentioned in 
that sub -section such salary from the moneys credited to the account 
mentioned in sub-section (1) of section 5 at the rate of salary last drawn by 
such teacher or employee, as  the case may  be, and in case of fres h 
appointment at the, rate of -the minimum of the pay scale -in which he has 
been appo inted, and an y adjustment in respect of such  payment shall, 
thereafter,  be made as soon as possible.]2  
 
Power to  
inspect etc. 
4. (1)  The Inspector may at any time, for the purposes of this Act, inspect or cause to 
be inspecte d any institution or call for such information and records 
(including registers, books of account and vouchers) from its manageme nt 
with regard to the payment of salaries to its teachers or employee s or give to 
its management any direction for the observance of such cannons of financial 
propriety (includ ing any direction for retrenchm ent of any teacher or 
employee or for prohibition of any wasteful expenditure) as he thinks fit. 
 
1.    Subs. by section 17 (a) of U.P. Act no. 26 of 1975.  
2.    Ins. by section 17 (b) ibid. 
114 
 
 
[The Uttar Pradesh High Schools and Intermediate Colleges            [Section 5] 
(Payment of Salaries of Teachers and Other Employees) Act, 1971]  
 
  (2) Where a direction under s ub-section (1 ), is given for retrenchment of any 
teacher or employee, it shall be complied with in accordance with the 
provisions of the Intermediate Education Ac t, 1921and the r egulations or, as 
the case may be, the conditions of his service. 
 
Procedure of  
payment of  
salary in the  
case of certain 
institutions  
5. (1)  The management of every institution shall for the purposes of disbursement of 
salaries to its teachers  and employees, open in [a scheduled ba nk or a co -
operative bank]1 a separate account  to be operated jointly by a representative  
of the management and by the In spector o r sue other officer as may be 
authorized by the Inspector in that behalf:  
Provided that after the account is opened the Inspector may, if he is, 
subject to any rules made under this Act, satisfied that it is expedient in the 
public interest so to do, instruct the bank that the account shall be operated by 
the representative of the management alone,  and may at any time revoke such 
instruction : 
Provided further that in the case referred to in the proviso to sub-section 
(2), or where a difficulty arises in the disbursement of salaries due to any 
default of the management, the Inspector may instruct the Bank that the 
account shall be operated only by himself or by such other o fficer as may  be 
authorized by him in that behalf and may at any time revoke such instruction.  
 (2) The management shall deposit in the said account by such elate as maybe 
specified by general or special orders by the Inspector, eighty per cent, or 
where the State Government or an officer authorized by the State Government 
having regard to the money required to be disbursed, directs a higher 
percentage, then such higher percentage as it or he may direct, of the amount 
received from students as fees which in accordance with the general or special 
orders of the State Government in that behalf [an d for so long as such orders 
are not made, in accordance with the directions of the Inspector] 2 form part of 
the maintenance fund : 
Provided that where the said perce ntage of fees is not deposited as 
aforesaid, the Inspector may  by order prohibit the management from making 
any realization of fees from the students and thereupon the Inspector may 
recover the fees (either through the teachers of the institution or in such other 
manner as he thinks f it), directly from the students and shall deposit the fees 
so recovered in the said account.  
(3)  The entire amount of the maintenance gran t and the amount of eighty percent, 
or such higher perce ntage as the State Government o r, an officer authorized  
by the St ate Government may by general or special order in that behalf 
determine, of the grants for reim bursement of free ships and other similar 
concessions shall also be paid by the State Government into the said account.  
 
 
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1.   Ins. and be deemed always to have been inserted by section 18(a) of U.P. Act no. 26 of 1975. 
2.   Inst. by section 18(b) ibid. 
115 
 
 
[The Uttar Pradesh High Schools and Intermediate Colleges          [Section 6] 
(Payment of Salaries of Teachers and Other Employees) Act, 1971]  
 
  (4)  No  moneys credited to the said account shall be applied for any purpose 
except the following, namely :--- 
(a)  payment of the said salaries falling due for any period after March 31, 
1971 ;   
(b) credit of the institutions  contribution, if any, to the pro vident fund 
accounts of the teachers and employees;  
and such portion of the balance in the account at the  end of the month of 
July each year as exceeds  the aggregate of one month's salary of the teachers 
and employees o f the institution after meeti ng the liability for payment of 
their salaries for the period for which fees have been realized fr om the 
students shall be made over to the management for ex penditure on the 
institution; 
[(c) Such other expenditure for the purposes of the institution as may be 
directed by  the State Government or by an o fficer authorized by the St ate 
Government in that behalf]1 
(5)  The salary of a teacher or empl oyee shall be paid by transfer of the amount 
from the said account to  his account, if any, in the same bank, or if he has no 
account in that bank, then by cheque. 
(6)  In respect of a place where there is no [scheduled bank or  co-operative bank]2 
the provisions of t his section shall apply with such modifications as the State 
Government may by notification in the Gazette specify, and the references in 
this sec tion to bank shall in that case be construed as references to a post 
office savings bank. 
 
Enforcement of 
provisions and 
directions  
6. (1)  Where the Inspector on the basis of an inspection of an institution or its 
records or otherwise is satisfied that its manage ment has committed default in 
complying with any direction g iven under section 4 or with any provi sion of 
section 3 or section 5 he may r ecommend to the Regional Deputy Director, 
Education, that action be taken against the institution under sub-section (2). 
(2)  On receipt of a recommendation under sub -section (1) the Regional Deputy 
Director, Education, may call upon the manage ment to co mply with th e said 
direction or provision or  to show cause within a week why the manage ment 
should not be superseded . 
 (3) Where the management fails to comply as aforesaid or to s how cause, or the 
Regional Deputy Director, Education, considers the cause shown to be 
insufficient, he may by order supersede the management for such period not 
exceeding one year as may be specified in the order, and authorize any person 
(hereinafter ref erred to as the Authorized controller) to take over the 
management of the institution for the said period : 
Provided that the Regional Deputy Director, Education, may where he 
considers it necessary or expedient so to do,-  
 
-------------------------------------------------------------------------------------------------------------------------  
 
1.   Ins. and be deemed always to have been inserted by section 18(c) of U.P. Act no. 26 of 1975. 
2.   Inst. By section 18(d) ibid. 
116 
 
 [The Uttar Pradesh High Schools and Intermediate Colleges      [Section 7-9] 
(Payment of Salaries of Teachers and Other Employees) Act, 1971]  
 
  (i) extend the said period from time to time, so, however, that the period 
so extended does not exceed five years in the aggregate; or  
(ii) revoke the order at any time:  
Provided further t hat nothing in. clause (ii) of the preceding proviso 
shall bar the passing of a fresh order under this section.  
(4)  On an order being  made under sub -section (3) the authorized controller shall, 
to the exclusion of the management and subject only to the directions, if any, 
of the Regional Deputy Director, Education, the Director or the State 
Government, exercise  fall the powers and perform all the functio ns of the 
management, including management of the property belonging to or vested in 
the institution, and in particular, operate singly the bank account-referred to in 
section 5 : 
Provided that nothing in this secti on shall be construed to confer on the 
authorized controller the power to transfer any such p roperty (except by way 
of letting from month to mon th in the ordinary course of'  management) or to 
create any charge thereon (except as a condition of receipt of any grant-in-aid 
of the institution from the State Government) 
(5) Any order made or Direction  given under this section shall  have effect 
notwithstanding anything inconsistent therewith contained  in any other 
enactment or instrument relating to the management and control of the 
institution (including any scheme of administration) or relating to the property 
belonging to or vested in the institution. 
 
Appeal  7. An appeal against the  order of the Regional De puty, Director, Education, 
superseding the management under sub -section (3) of section 6 may be 
preferred to the Director within one month from the date on which the order is 
communicated to the management, and the Director may after such further 
inquiry, if any, as he con siders necessary, either set it aside or confirm or 
modify it, and pending the disposal of appeal may stay the operation -of the  
order on such terms, if any, as he thinks fit.  
 
Revision  8. The State Government may call for and examine the record of any appeal 
decided by the Director under section 7 for  the purpose of satisfying itself as 
to the correctness or propriety of any order passed by him, and it may pass 
such order thereon as it thinks fit; 
Provided that no order superseding the management of an institution 
or extending the period of super session  thereof shall be passed under this 
section unless an o pportunity has been given to the management to show 
cause against the proposed order.  
 
Approval for  
posts  
9. [No institution shall create a new post of teacher or other emp loyee except 
with the previous approval of the Director, or such other officer as may be 
empowered in that behalf by the Director]1. 
 
----------------------------------------------------------------------------------------------
-  
1.   Sub. by section 19 of U.P. Act no. 26 of 1975.   
117 
 
 
[The Uttar Pradesh High Schools and Intermediate Colleges      [Section 10-13] 
(Payment of Salaries of Teachers and Other Employees) Act, 1971]  
 
Liability in  
respect of salary  
10. (1) The state Government shall be liable for payment of salaries of teache rs and 
employees of every institution due in respect of any period a fter March 31, 
1971.  
 (2) The State Government may recover any amount in respect of which any 
liability is incurre d by it under sub -section (1), by attachment of the income 
from the property b elonging to or vested in the institution as if that amount 
were an arrear of land revenue due from the institution.   
(3)  Nothing in this section shall be deemed to derogate from the liability of the 
institution for any such clues to the teacher or employee.  
 
Punishment, 
penalties and  
procedure  
11. (1)   If any default is committed in complying with any direction under section 4 or 
with the provisions of section 3 or section 5 every person who at the time the 
default was committed was manager or any other person vested with authority 
to manage and conduct the affairs of the institution shall, unless he proves that 
the default was committed without his k nowledge or that he exercised all due 
diligence to prevent the commiss ion of the default, be pun ishable, in the case 
of a default in comp lying with the provisions of ' section 3 with fine which 
may extend to one thousand r upees and in the case  of any other default, w ith 
imprisonment which may extend to six months or with fine which may extend 
to one thousand rupees or with both.   
 (2) No  court shall take cognizance of  any offenc e punishable under this secti on 
except with the previous sanction of the Regional Deputy Director, Education.   
 (3) Every offence under this section sha ll be cognizable, but no police officer 
below the rank of Do Deputy Superintendent shall In vestigate any such 
offence without the order of a Magistrate of the  first class or make arres t 
therefor without a warrant.  
(4)  No court below the rank of a Magistrate of the first class shall take cognizance 
of an offence under this section.  
 
Savings  12. No order made or direction given by the State Government the Director, the 
Regional Deputy Director, Education, or the Inspector or other officer in 
exercise of any power conferred by or under this. Act shall be cal led in 
question in any court.  
 
Exemption in  
relation to  
institutions 
maintained by  
local 
authorities etc. 
13.  Nothing in this Act shall apply to institutions maintained [***] 1 by a railway 
administration or any other industrial under taking owned or controlled by the 
Government of India or the State Government.  
  
 
------------------------------------------------------------------------------------------------  
 
1.   Omitted by section 20 of U. P. Act No: 26 of 1975.  
118 
 
 
[The Uttar Pradesh High Schools and Intermediate Colleges      [Section 14-17] 
(Payment of Salaries of Teachers and Other Employees) Act, 1971]  
 
Protection of 
acts in good 
faith  
14.  No sui t, prosecution or ot her legal proceeding  shall b e against the State 
Government, the Director, the Regional Deputy Director, Education,  the 
Inspector, the Authorized Controller or any other person -In respect of 
anything which in good faith is done as  intended to be done In pursuance o f 
this Act or any rule, order or direction made or given thereunder.  
 
Powers to  
remove 
difficulties  
15. (1)  If any di fficulty arises i n giving effect to the provision of this Act, or by 
reason of an ything contained in this Act, the State Govern ment may, as 
occasion requires, by noti fication in the Gazette, make such Incidental or 
consequential provisions, including provisions for adapting i n modifying any 
provision of this Act or o f the Intermediate Education Ac t, 19 21, or the 
regulations, but not affecting the substance as it may think necessary or 
expedient for the purposes of this Act.  
(2)   No order under sub-section (1) shall be made after the expiration of a period 
of three years from the commencement of this Act.  
(3)  Every order m ade under sub -section (1) shall be laid, as soon as may be, 
before both the House, of the State Legislature.  
 
Power t o make 
rules  
16. (1)  The State Government may , by notification in the Gazette, make rules for 
carrying out the purpose of this Act.  
(2)  All rules made under this Act shall, as soon as may be after  they are made, be 
laid before each House of the State L egislature while it is in session, for a 
total period of fourteen days extending in its one se ssion or more than one 
successive sessions and shall unless some later date is appoi nted, take effect 
from the date  of their publication in the official Gazette, subject to such 
modifications or annulments as the two Houses of Legislature may during the 
said period agree to make, so however, that any such modification or 
annulment shall be without prejudice to the validity of anything pre viously 
done thereunder.  
 
Repeal and  
savings  
U.P. Ordinance 
no. 3 of 1971 
U.P. Ordinance 
no. 7 of 1971 
U.P. Ordinance 
no. 10 of 1971 
17. (1) The Uttar Pradesh Hig h Schools and Intermediate Col leges (Payment of 
Salaries of Teac hers and Other Employees) Ordinance,  1971 the Uttar 
Pradesh High Schools and Intermediate Colleges [Payment of Salaries of 
Teachers and Other Employees) Ordinance, 1971, the Uttar Pradesh H igh 
Schools and Intermediate Colleges (Payment of Salari es of Teachers and 
Other Employees) (Second) Ordinance,  1971 and  the U ttar Pradesh High 
Schools and Intermediate Colleges (Payment of S alaries of Teachers and 
Other Employees) (Amendment) Ordinance, 1971 are hereby repealed.  
(2)  Notwithstanding such repeal, anything done or any action taken under the said 
Ordinances shall be deemed to have been done or taken under this Act as if 
this Act had come into force on January 16, 1971.  
 
 
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