The uttar pradesh training colleges (payment of salaries of teachers and other employees) act, 1978

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THE UTTAR PRADESH TRAINING COLLEGES (PAYMENT OF SALARIES 
OF TEACHERS AND OTHER EMPLOYEES) ACT, 1978 
[U. P. ACT No. 4 OF 1979] 
(As passed by the Uttar Pradesh Legislature) 
AN 
ACT 
to regulate the payment of salaries of teachers and other employees of the Tra ining 
Colleges receiving ai d out of the State funds and to provide for matters connected 
therewith.  
IT IS HEREBY enacted in the Twenty -ninth Year of the Republic of India as 
follows: 
Short title and 
commencement  
1-  (1) This Act may be called the Uttar P radesh Training Colleges (Payment of 
Salaries of Teachers and Other Employees) Act, 1978.  
(2) It shall come into force on such date as the State Government may, by 
notification, appoint in that behalf.  
 
Definitions  2- In this Act,-  
(a) "college" means  a recognized college imparting training in 
Licentiate in Teaching' to teachers for Higher Secondary Schools, and for the 
time being receiving maintenance grant from the State Government;  
(b) "Deputy Director" means the Regional Deputy Director of 
Education, and includes any other officer authorized by the State Government 
to perform all or any of the functions of the Deputy Director under this­ Act;  
(c) "employee" of a college means a non -teaching employee in respect 
of whose employment maintenance grant  is paid by the State Government to 
the college ;  
(d) "maintenance grant" means such grant -in-aid of a college as the 
State Government by general or special order in that behalf directs to be 
treated as maintenance grant appropriate to tile level of that college;  
(e) "management", in relation to a college, means the managing 
committee or other body charged with managing the affairs of that college ;  
(f) "salary" of a teacher or employee means the aggregate of the 
emoluments, including dearness or any oth er allowance, for the time being 
payable to him at the rates approved for the purpose of payment of 
maintenance grant ;  
(g) "teacher", in relation to a college, means a teacher in respect of 
whose employment maintenance grant was being paid by the State 
Government during the financial year 1976-77.  
 
Payment of  
salary within  
time and  
without un- 
authorized 
deductions  
3- (1) Notwithstanding any contract to the contrary, the salary of a teacher or 
employee of a college, in respect of any period after th e date of commencement of 
this Act, 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 o r any part of 
which, it is payable.  
324 
 
[The U. P. Training Colleges (Payment of Salaries of Teachers and   [Section 4-5] 
Other Employees) Act, 1978]    
 
   (2) The salary shall subject to the provisions of sub -section (3), he paid 
without deductions of any kind except those authorized by a general or special 
order of the State Government in that behalf or by any other law for the time being 
in force.  
(3) Where the salary of a teacher or employee of a college is not paid i n 
accordance with sub-section (1) due to any default on the part of the management, 
the Deputy Director may, without prejudice to any other provisions of this Act, pay 
or came to be paid 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 fresh appointment at the rate of the minimum of the 
pay scale in which he has been appointed, and any adjustm ent in respect of such 
payment shall, thereafter, be made as soon as possible.  
 
Power to  
inspect and to  
issue 
directions  
4- The Deputy Director may, at any time, for the purposes of this Act inspect or 
cause to be inspected any college or call for suc h information and records 
(including registers, books of account and vouchers) from its management  with 
regard to the payment of salaries to its teachers or employees or gi ven to its 
management any direction for the observance of such canons of financial propriety 
(including any dir ection for retrenchment of any  teacher or employee or f or 
prohibition of any wasteful expenditure) as he thinks fit.  
(2) Every direction for retrenchment under sub -section (1) shall be issued after 
obtaining the prior approval of the Director of Education and shall specify a future 
date on which such retrenchment shall become operative.  
(3) Where any direction for retrenc hment is issued in accordance with sub -
sections (1) and (2), the teacher or the employee concerned shall, wit h effect from 
the date specified in such direction, cea se to be a teacher or employee of the 
college for the purposes of the maintenance grant. 
 
 
Procedure for  
payment of  
salary  
5-  (1) The management of every college shall, for the purpose of  disbursement of 
salaries to its teachers and em ployees, open in a Scheduled Ban k or a co-operative 
bank a separa te account (hereinafter called Salary Payment Account) to  be 
operated jointly by a representative of the management and by the Deputy Director 
or such other officer as may be authorized by the Deputy Director in that behalf :  
Provided that after the Salary Payment Account is opened, the  Deputy Director 
may, if he is, subject to any rules made under section 12, 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 ref erred to in sub -section (3) or where in any 
other case after giving to the management an opportunity of showing cause, the 
Deputy Director is of opinion that it is necessary or expedient so  to do, the Deputy 
Director may instruct the bank that the Salary Payment Account shall the 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.  
 
325 
 
[The U. P. Training Colleges (Payment of Salaries of Teachers and   [Section 6] 
Other Employees) Act, 1978]    
 
   (2) The State Government  may, from -time to time, require by general or 
special order that the management of  a college shall deposit in the Salary Payment 
Account, such portion of the amount received from students as fees and also such 
portion of the  income, if any, received fro m any pro perty, movable or immovable 
belonging to or endowed wholly or partly for the benefit of the college, and by 
such date, as may be specified in that order and thereupon, the management shall 
be bound to comply with such directions.  
(3) Where the Deputy Director is of opinion that the management has failed to 
deposit the fees in accordance with the  provisions of sup -section (2) o r the orders 
issued thereunder, the Deputy Director may, by order, prohibit the management 
from realizing any fee from the students and thereupon; the Deputy Director may 
realize the fees (either thro ugh the teachers of the college or i n such other manner 
as he thinks fit) directly from the students and shall deposit the fees so recovered in 
the Salary Payment Account.  
(4) Th e State Government shall also pay into the Salary Paymen t Ac count 
such amount as maintenance grant, which, after taking into consideration the 
amounts deposited under sub-sections (2) and (3), is necessary for making payment 
in accordance with sub-section (5). 
(5) No money credited to the Salary Payment Account shall be applied for any 
purpose except the following, namely,-- 
(a) for payment of salary to the teachers  and employees, of the college 
falling due for any period after the commencement of this Act ;  
(b) for crediting the management's contribution, if any, to the provident 
fund accounts of teachers and employees of the college.  
(6) The salary of a teacher or employee shall be paid by transfer of the amount 
from the Salary Payment Account to his acc ount, if any, in the same bank or if he 
has no account in that bank, then by cheque.  
(7) In respect o f a place where there is no Scheduled Bank or a co -operative 
bank the provisions of this section shall apply with such modification, as the State 
Government may, by notificat ion, specify, and references in thi s section to a bank 
shall in that case be construed as references to a post office saving bank. 
 
Liability in  
respect of  
salary  
6- (1) The State Government shall be liable for payment of salaries of teachers and 
employees of every college due in respect of any period after the commencement 
of this Act.  
(2) The  State Government may recover an y amount in respect of which any 
liability is incurred by it under sub -section (1) by attac hment of the incom e from 
the property belonging to or vested in  the college as If that amount were an arrear 
of land revenue due from such college.  
(3) Nothing in this section shall  be deemed to derogate from the liab ility of the 
college for any such dues to the teacher or employee.  
 
 
326 
 
[The U. P. Training Colleges (Payment of Salaries of Teachers and   [Section 7-12] 
Other Employees) Act, 1978]  
 
Approval for  
posts  
7- No college shall create a new post of teacher or employee except with the 
previous approval of the Direc tor of Education or such other officer as may be 
empowered in that behalf by the Director.  
 
Punishment 
penalties and  
procedure  
8- (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 the authority 
to manage and conduct the affairs of the college shall, unless he proves that the 
default was committed without his knowledge or that he exercised all due diligence 
to prevent the commission of the default, be punishable in the case of a default in 
complying with the provisions of section 3 with fine which may extend to one 
thousand rupees, and in the case of any other default, with impr isonment 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 offence punishable under this 
section except with the previous sanction of the Deputy Director.  
(3) Every offence under this section shall be cognizab le but no police officer 
below the rank of a Deputy Superi ntendent shall investigate any such offence 
without the order of a Magistrate of the first class or make ar rest 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.  
 
Finality of  
orders  
9- No order made or direction given by the State Government, the Director of 
Education, the Deputy Director or other officer in exercise of any power conferred 
by or under this Act shall be called in question in any court.  
 
Protection of  
act in good  
faith  
10-  No suit, prosecution or other legal proceeding shall lie against the State 
Government or a ny officer of the State G overnment in respect of anything which 
in good faith is  done or intended to be done in pursuance of this Act or any rule, 
order or direction made or given thereunder.  
 
Power to  
remove 
difficulties  
11- (1) If any difficulty arises in giving effect to th e provisions of this Act, or by 
reason of anything conta ined in this Act, the State Government may by a notified 
order make such incidental or consequential  provisions, including provisions for 
adapting or modifying any provision of this Act, but not affec ting 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 made under sub -section (1) shall be laid, as soon as may be, 
before both the Houses of the State Legislature.  
 
Power to make 
Rules  
12- The State Government may, by notification  make rules for carrying out the 
purposes of this Act.  
 

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