LexThe uttar pradesh secondary education services selection board2 act, 1982
Uttarakhand · state statute
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THE UTTAR PRADESH SECONDARY EDUCATION {SERVICES
SELECTION BOARD}2 ACT, 1982
[U.P. Act No. 5 of 1982]
(As passed by the Uttar Pradesh Legislature)
AN
ACT
to establish Secondary Education S ervices Commission and S election Boards for
the selection of teachers in institutions recognized under the Intermediated Education Act,
1921.
IT IS HEREBY enacted in the Thirty -third year of the Republic of India as
follows:-
Chapter I
Preliminary
Short title and
commencement
1- (1) This Act may be called the Uttar Pradesh Secondary Education {Services
Selection Boards}2 Act, 1982.
(2) It shall be deemed to have come into force on July 14, 1981 except section
21 which shall come into force on such date as the State Government may, by
notification, appoint in this behalf.
Definitions 2- In this Act,--
{(a) Board’ means the Uttar Pradesh Secondary Education Services
Selection Board established under section 3;
(b) ‘Chairman, means the Chairman of the Board and includes any other
person performing in the absence of the Chair man, of the time bein g the
functions of the Chairman;} 3
(c) {***}4
(d) 'Director' means the Director of Education, Uttar Pradesh and
includes an Additional Director of Education, Uttar Pradesh ;
{(d-1) ‘Inspector’ means the District Inspector of School s and in
relation to an institution for girls, the Regional Inspectors of Girls Schools;}1
(e) 'Institution' means an Intermediate Col lege or a Higher Secondary
School or a High School recognized under the Intermediate Education Act,
1921, and includes ins titution maintained by a local authority but does not
include an institution maintained by the State Government;
(f) 'Management' in relation to an institution means the committee of
management or person or authority vested with the power to manage and
conduct the affairs of that institution;
{(g) 'Member' means a member of the Board and includes its
Chairman;}5
1. Inserted new clause by, the section 4(b) in the U.P. Act no. 01 of 1993.
2. Subs. by section 2 and 3 of U.P. Act no. 25 of 1998.
3. Subs. by section 5 (a) ibid.
4. Omitted by section 5(b) ibid.
5. Substituted by section 2 (a) of U.P. Act no. 31 of 1999.
31
[The Uttar Pradesh Secondary Education Services Selection Boards Act, 1982] [Section 3]
(h) {***}3
{(hh) ‘other backward cl asses of citizens, means the backward classes of
citizens specified in Schedule I of the Uttar Pradesh Public Services
(Reservation for Scheduled Castes, Scheduled Tribes and other Backward
classes) Act, 1994;
(i) ‘regulation’ means any regulation made under section 34;}4
(j) {***}1
(k) 'Teacher' means a person empl oyed for imparting instruction i n an
institution and includes a Principal or a Headmaster;
{(k-1) {***}6
{(l) Year of recruitment’ means a period of twelve months commencing
from first day of July of a calendar year. }2
5{CHAPTER II
Establishment And Functions Of The Board
Establishment
of the Board
3- (1) With effect from such date as the State Government may, by notification
appoint in this behalf, there shall be established a Board to be called the Uttar
Pradesh Secondary Education Services Selection Board.
(2) The Board shall be a body corporate. It shall exercise posers throughout
Uttar Pradesh and its head quarters shall be at Allahabad.
(3) The Uttar Pradesh Secondary Education Ser vices Commission established
under section 3 of this Act as it stood immediately before the commencement of
the Uttar Pradesh Secondary Education Services Commission (Amendment) Act,
1998 shall upon establishment of the Board under sub -section (1), stand dissolved,
and upon such dissolution- -
(a) all properties and assets of that Commission shall stand transferred
to, and vest in the Board;
(b) all debts, liabilities and obligations of that Commission whether
contractual or otherwise, shall stand transferred to the Board;
(c) the services of every whole -time employee of the Commission shall
stand transferred to the Board;
(d) any matter pending before that commission under this Act as it
stood immediately before establishment of the Board under sub -section (1)
shall stand transferred to the Board;
1. Omitted by section 4(d) of U.P. Act no. 01 of 1993.
2. Inserted by section 4(e) ibid.
3. Omitted by section 4(d) in the U.P. Act no. 15 of 1995.
4. Subs. by section 4 (e) ibid.
5. Subs. by sections 6 of U. P. Act no. 25 of 1998.
6. Omit. Clause by, the section 2(b) in the U.P. Act no. 31 of 1999.
32
[The Uttar Pradesh Secondary Education Services Selection Boards Act, 1982] [Section 4-6]
{Composition
of the Board
4- (1) The Board shall consist o f a Chairman and seven members who shall, be
appointed by the State Government.
(2) A person shall not be qualified for appointment as Chairman,unless he,-
(a) is or has been a Vice - Chancellor of any University established by
law; or
(b) is or has been, i n the opinion of the State Government an outstanding
officer of the Administrative S ervice not below the rank of Secretary to the
State Government or Director of Education, Uttar Pradesh.
(3) of the Members, --
(a) one shall be a person who is or ha s been in the opinion of the State
Government, an outstanding officer of the State Education Service not below
the rank of Additional Director;
(b) Other shall be persons who,-
(i) have worked as a professor in any University established by
law in Utta r Pradesh or as a Reader of any Degree College recognized
by or affiliated to such University for a period of not less than ten years;
(ii) have worked as a Principal of any Institution recognized
under the Intermediate Education Act, 1921 for a period of not less than
ten years;
(iii) are, in the opinion of the State Government, an eminent
educationist having ma de valuable contribution in the field of
education.
(4) Every appointment under this section shall take effect from the date on
which it is notified by the State Government.}1
Term of office
and conditions
of service of
Members
5- (1) Subject to the provisions of this Act, every Member shall hold office for
a term of four years.
(2) No person shall be a member for more than two consecutive terms.
(3) A member 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 terms an d conditions
of their service shall be such as the State Government may by order, direct.
(5) Notwithstanding any thing contained in this section, no person shall be
appointed or continue as a member if he has attained the age of sixty two years.
Power of the
State
Government to
remove the
Member
6- (1) The State Government may, by order, remove from office any member, if
he--
(a) is adjudged an insolvent; or
1- Substituted section 4 by section 3 of U. P. Act no. 31 of 1999.
33
[The Uttar Pradesh Secondary Education Services Selection Boards Act, 1982] [Section 7-9]
(b) engages, during his term of office, in any paid employment out side
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; or
(d) incurs any disqualification under this Act or the rules made
thereunder.
Explanation – Where a member becomes in any way concerned or interested
in any contract or agreement made by or on behalf of any Institution or participates
in any way in the profits thereof or in any benefi t or emolument arising therefrom ,
otherwise than a members, he shall, for the purpose of clause (c), he deemed to be
guilty of misconduct.
(2) The procedure for the investigation and proof of misconduct under this
section shall be such as may be prescribed.
Power to
associate
7- The Board may associate with itself, in such manner and for such purposes as may
be determined by regulat ions under section 34, any person whose assistance or
advice it may desire to have in carrying out any of the provisions of this Act.
Staff of the
Board
8- (1) The Secretary of the Board shall be appointed by the State Government on
deputation for a te rm not exceeding five years and other conditions of his service
shall be such as the State Government may, by order, determine.
(2) Subject to such directions as may be issued by the State Government in
this behalf, the Board may appoint such other emplo yees as it may think necessary
for the efficient performance of its functions under this Act and on such terms and
conditions of service as the Board thinks fit.
Powers and
duties of the
Board
9- The Board shall have the following powers and duties namely:-
(a) to prepare guidelines on matters relating to the method of direct
recruitment of teachers;
(b) to conduct examinations, where necessary, and hold interviews and
make selection, of candidates for being appointed as teachers;
(c) to select and invite experts and to appoint examiners for the
purposes specified in clause (b);
(d) to make recommendations regarding the appointment of selected
candidates ;
(e) to advise the Management in matters relating to dismissal, removal
or reduction in rank of teachers;
(f) to obtain periodical returns or other information’s from institutions
regarding strength of the teaching staff and the appointment, promotion,
dismissal, removal, termination or reduction in rank of teachers;
(g) to fix the emoluments and travelling and other allowances of the
experts;
(h) to administer the funds places at the disposal of the Board;
34
[The Uttar Pradesh Secondary Education Services Selection Boards Act, 1982] [Section 10-12]
(i) to perform such other duties and exercise such other powers as may
be prescribed o r as may be incidental or conduc ive to the discharge of its
functions under this Act or the rules or regulations made thereunder.
Procedure of
selection by
direct
recruitment
10- (1) For the purpose of making appointment of a teacher, by direct recruitment,
the management shall determine the number of vacancies existing or likely to fall
vacant during the year of recruitment and in the case of a post other than the post
of Head of the Instituti on, also the number of vacancies to be reserved for the
candidates belonging to the Scheduled Castes, the Scheduled Tribe s and other
Backward classes of citizens in accordance with the Uttar Pradesh Public Services
(Reservation for Scheduled Castes, Scheduled Tribes and other Backward Classes)
Act, 1994 and notify the vacancies to the Board in such manner and through such
officer or authority as may be prescribed.
(2) The procedure of selection of candidates for appointment to the post of
teachers shall be such as may be prescribed:
Provided that the Board shall, with a view to inviting talented persons, give
wide publicity in the State to the vacancies notified under sub-section (1).
Panel of
candidates
11- (1) The Board shall, as soon as may be, af ter the vacancy is notified under
sub-section (1) of section 10, hold examinations, where necessary, interviews of
the candidates and prepare a panel of those found most suitable for appointment.
(2) The panel referred to in sub-section (1) shall be forwarded by the Board to
the officer or authority referred to in sub -section (1) of section 10 in such manner
as may be prescribed.
(3) After the receipt of the panel under sub-section (2), the officer or authority
concerned shall in the prescribed manner int imate the Management of the
Institution the names of the selected candidates in respect of the vacancies notifies
under sub-section (1) of section 10.
(4) The management shall, within a period of one month from the date of
receipt of such intimation, issue appointment letter to such selected candidate.
(5) Where such selected candidate fails to join the post in such Institution
within the time allowed in the appointment letter or within such extended time as
the Management may allow in this behalf, or where such candidate is otherwise not
available for appointment, the officer or authority concerned may, on the request of
the Management, intimate, in the prescribed manner, fresh name or names from the
panel forwarded by the Board under sub-section (2).}1
Chapter III
Procedure of Selection By Promotion
{Procedure of
selection by
promotion
12- (1) For each region, there shall be a selection Committee, for making
selection of candidates for promotion to the post of a teacher, comprising: -
(i) Regional Joint Director of Education -- Chairman
(ii) Senior most Principal of Government Inter college – member
in the region;
(iii) Concerned District Inspector of School – member /secretary
1. Subs. by sections 6 of U. P. Act no. 25 of 1998.
35
[The Uttar Pradesh Secondary Education Services Selection Boards Act, 1982] [Section 12A-16]
(2) The procedure of selection of candidates of promotion to the post of a
teacher shall be such as may be prescribed.}4
12-A {***}2
12-B {***}2
12-C {***}2
13- {***}2
14- {***}2
15- {***}2
15-A {***}2
15-B {***}2
CHAPTER IV
APPOINTMENT OF SELECTED TEACHERS
{Appointments
to be made
only on
recommend-
dations of the
Board
16- (1) Notwithstanding anything to the contrary contained in the Intermediate
Education Act, 1921 or the regulation’s made thereunder but subject to the
provisions of {sections12, 18, 21-B , 21-C, 21-D, 33, 33 -A ,33-B 33-C and 33 -D,
every appointment of a teacher, shall, on or after the date of commencement of the
Uttar Pradesh secondary E ducation Service Commission (Amendment) Act, 1998 ,
be made by the Management only on the recommendation of the Board :}5
[Provided that in respect of retrenched employees, the provisions of section
16-EE of the Intermediate Education Act, 1921, shall mutatis mutandis apply:
Provided further that the appointment of a teacher by transf er from one
Institution to another, may be made in accordance with the regulations made under
clause (c) of sub -section (2) of section 16 -G of the intermediate Education Act,
1921. ]1
{Provided also that the dependent, of a teacher or other employee of an
Institution dying in harness, who possesses the qualifications prescribed under the
Intermediate Education Act, 1921 may be appointed as teacher in Trained
Graduate’s Grade in accordance with the regulations made under sub-section (4) of
section (9) of the said Act.} 3
(2) Any appointment made in contravention of the provisions of sub -section
(1) shall be void.}1
1- Substituted by section 11 of U.P. Act no. 01 of 1993.
2- Omitted by section 6 of U.P. Act no. 15 of 1995.
3- Inserted proviso by section 7(c) ibid.
4- Added by section 7 in the U.P. Act no. 25 of 1998.
5- Subs. by section 8 ibid.
36
[The Uttar Pradesh Secondary Education Services Selection Boards Act, 1982] [Section 17-18]
Inquiry by
Director
17- (1) Where any person is entitled to be appointed as a teacher in any institution
in accordance with {Chapter II}2, as the case may be, but he is not so appointed by
the management within the time provided modification that in sub -section (2) of
the aforesaid section, for the words six a direction under sub-section (2).
(2) {As far as may be within one month from the date of receipt} 1 of an
application under sub -section (1), the Director or the officer authorized by him
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, direct --
(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 Head of the Institution 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 or the officer authorized by him be recoverable by the
Collector as arrears of land revenue from the property belonging to or vested in the
society or body running the institution.
3{Adhoc
teachers
18- (1) Where the Management has notified a vacancy to the {Board}4 in
accordance with sub -section (1) of section 10 and the post of a te acher actually
remained vacant for more than two months, the management may appoint by direct
recruitment or promotion a teacher on purely ad hoc basis, in the manner
hereinafter provided in this section.
(2) A teacher other than a Principal or Headmaster, who is to be appointed by
direct recruitment, may be appointed on the recommendation of the Selection
Committee referred to in sub-section (8).
(3) A teacher other than a principal or Headmaster, who is to be appointed by
promotion, may in the prescribed manner be appointed by promoting the senior
most teacher, possessing prescribed qualifications—
(a) in the trained graduate’s grade, as a lecturer, in the case of a vacancy
in the lecturer’s grade,
(b) in the Certificate of Teaching grade, as teacher in t he trained
graduate’s Grade, in the case of a vacancy in the Trained graduate’s grade.
(4) A vacancy in the post of a Principal may be filled by promoting the senior
most teacher in the lecturer’s grade.
(5) A Vacancy in the post of a Headmaster may be f illed by promoting the
senior most teacher in the trained graduate’s grade.
1. Subs. by section 12(b) in the U.P. Act no. 01 of 1993.
2. Subs. by section 8 of U.P. Act no. 15 of 1995.
3. Substituted by section 9 ibid.
4. Substituted by section 9(a) of U.P. Act no. 25 of 1998.
37
[The Uttar Pradesh Secondary Education Services Selection Boards Act, 1982] [Section 19]
(6) For the purposes of making appointments under sub -section (2) and (3),
the Management shall determine the number of v acancies, as also the number of
vacancies to be reserved for the candidates belonging to the Scheduled Castes, the
Scheduled Tribes and other Backward Classes of citizen in accordance with the
Uttar Pradesh Public Services (Reservation for Scheduled Castes , Scheduled
Tribes and Other Backward Classes) Act, 1994 and as son as may be thereafter,
intimate the vacancies to be filled by direct recruitment to the District Inspector of
schools and if the Management fails to intimate the vacancies and the post of a
teacher has actually remained vacant for more than three months, the Direct
Inspector of Schools may, subject to such directions as may be issued by the
Director and after verification from such institution or from his own record,
determine such vacancies himself.
(7) The District Inspector of Schools shall, on receipt of intimation of
vacancies or as the case may be, after determining the vacancies under sub -section
(6), forward the same to the Deputy Director of Education incharge of the Region,
who shall invite applications from the persons possessing qualifications prescribed
under the Intermediate Education Act, 1921 or the regulations made thereunder,
for ad hoc appointment to the post of teachers other than principal or Head Master
in such manner as may be prescribed.
(8) {(a) For each region there shall be a Selection Committee for selection of
candidates for ad hoc appointment by direct recruitment comprising—
(i) Regional Joint Director of Education;
(ii) Regional Deputy Director of Education (Secondary);
(iii) Regional Assistant Director of Education (Basic).
The Regional Joint Director of Education shall be the Chairman.}6
(b) The Selection Committee constituted under clause (a) shall make selection
of the candidates, prepare a list of the selec ted candidates, allocate them to the
Institutions and recommend there names to the Management for appointment under
sub-section (2).
(c) The criteria and procedure for selection of candidates and the manner of
preparation of list of selected candidates and their allocation to the Institution shall
be such as may be prescribed.
(9) Every appointment of an ad hoc teacher under sub -section (1) shall cease to
have effect from the date when the candidate recommended by the {Board} 5 joins
the post.
(10) The pro visions of section 21 -D shall mutatis mutandis apply to the
teachers who are to be appointed under the provisions of this section.}2
{Power to call
for infor-
mation etc.
19- The {Board}4 may required the Management of an Institution to furnish such
information or return regarding the matters referred to in {section 9}3, as it thinks
fit, and the Management shall be bound to comply with the same.}1
1. Subs. by section 14 in the U.P. Act no. 01 of 1993.
2. Substituted by section 9 of U.P. Act no. 15 of 1995.
3. Subs. by section 10 (b) ibid.
4. Substituted by section 4 of U.P. Act no. 25 of 1998.
5. Substituted by section 9(b) ibid.
6. Substituted by section 9 (b) ibid.
38
[The Uttar Pradesh Secondary Education Services Selection Boards Act, 1982] [Section 20-21B]
Power to
inspect record,
register etc.
20- {The Secretary of the commission or any other person authorized by the
{Board}4} 3 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.
{Restriction
on dismissal
etc. of teachers
21- The Management shall not, except with the prior ap proval of the {Board}4,
dismiss any teacher or remove him from service, or serve on him any notice of
removal from service, or reduce him in rank or reduce his emoluments or with hold
his increment for any period (whether temporarily or permanently) and an y such
thing done without such prior approval shall be void.}2
1{CHAPTER IV-A
Reserve pool Teachers
Definitions 21-A In this Chapter—
(a) ‘Director’ means the Director of Education, Uttar Pradesh and
includes any other officer authorized by him in this behalf;
(b) the expressions ‘Inspector’, Institution,’ Management’ and Teacher’
shall have the meanings respectively assigned to them in the Uttar Pradesh
High Schools and Intermediate Colleges (Payment of Salaries of Teachers and
other Employees) Ac t, 1971, provided that ‘teacher’ shall not include a
principal or a Headmaster.
Absorption of
reserve pool
teachers
21-B (1) The Inspector shall maintain in the prescribed manner, a register of
‘reserve pool teacher’ consisting of subject -wise lists o f persons who were
appointed as teachers in any institution situated in the district, either by the
Management or by the Inspector under sub -section (4) of section 4 of the Uttar
Pradesh High Schools and Intermediate Colleges (Payment of Salaries of Teache rs
and other E mployees) Act, 1971, while the Uttar Pradesh High Scho ols and
Intermediate Colleges (Payments of S alaries of Teacher s and other E mployees)
(Amendment) Ordinance, 1977, was in force, and who had actually joined their
duties in pursuance of the said provision between January 9, 1978 and January 19,
1978 (both days inclusive).
(2) Every reserve pool teacher, who having been appointed to the post of a
teacher in any institution in accordance with the provisions of the Uttar Pradesh
High School and Intermediate College (Reserve Pool Teachers) Ordinance, 1978
or the Uttar Pradesh High School and Intermediate Colleges (Reserve Pool
Teachers) (Second) Ordinance, 1978, continues to be in service by reason of any
order of any court or by any other reason , shall be deemed to have been regularly
appointed to such post and shall be entitled to be confirmed in such post with
effect from the date on which he would have been confirmed in the normal course.
1- Added new Chapter ‘IV-A’ by section 4 of U.P. Act no. 19 of 1985.
2- Subs. by section 16 of U.P. Act no. 01 of 1993.
3- Subs. by section 11 of U.P. Act no. 15 of 1995.
4- Subs. by section 4 of U.P. Act no. 25 of 1998.
39
[The Uttar Pradesh Secondary Education Services Selection Boards Act, 1982] [Section 21C-21D]
(3) Where any substantive vacancy in the post of a teacher in an institution is
to be filled by direct recruitment, such post shall, at the instance of the Inspector,
be offered by the Management to a teacher other than a teacher referred to in sub-
section (2), whose name is entered in the register referred to in sub-section (1).
(4) If any teacher is offered appointment in accordance with the provisions of
sub-section (3) and he fails to join the post within the time allowed therefor, whic h
shall not be less than seven days, his name shall be removed from the register,
referred to in sub -section (1), and the appointment shall be offered to the next
reserve pool teacher of the same district in the subject.
(5) If such other teacher to whom offer of appointment is made also fails to
join, them the same process shall be repeated until the list of reserve pool teachers
of that district in the subject is exhausted.
(6) No appointment of any teacher to an institution shall be made under
section 16 until the list of reserve pool teachers of that district in the subject
concerned is exhausted in accordance with sub-section (5).
Explanation—For the removal of doubts, it is hereby declared that no teacher
shall, by virtue of the provisions of this section, be entitled to claim appointment to
any particular post which he had joined in the manner referred to in sub -section
(1), or to any other post carrying the same or a higher grade.
Power of
Director
regarding
transfer
21-C (1) Where the vacanci es available for teaching in any subject are less than the
number of reserve pool teachers available for appointment in any district, or where
it is otherwise necessary or expedient so to do, the Director may, notwithstanding
anything contained in section 21-B, direct that the name of any such teacher be
excluded from the register maintained in one district and be included in the register
maintained in another district.
(2) Where the name of a reserve pool teacher is included in the register of
another district in accordance with the provisions of sub -section (1), the provision
of section 21 -B shall mutatis mutandis apply to such a teacher, except that the
requirement of service as a teacher in such district shall not be necessary.
Appointment
of teachers on
default by
management
21-D (1) Where the Management fails to offer any post to a teacher in accordance
with the provisions of sub -section (3) of section 21 -B within the time specified by
the Inspector, the Inspector, may himself issue the letter of appointment to such
teacher and the teacher concerned shall be entitled to get his salary from the date
he joins the post in pursuance of such letter of appointment.
(2) Where the teacher to whom the letter of appointment is issued under sub -
section (1), is unable to join the post due to any act or omission on the part of the
Management, such teacher may submit his joining report to the Inspector, and,
shall thereupon be entitled to get his salary from the d ate he submits the said
report.}1
1- Added new Chapter ‘IV-A’ by section 4 of U.P. Act no. 19 of 1985.
40
[The Uttar Pradesh Secondary Education Services Selection Boards Act, 1982] [Section 22-26]
CHAPTER V
PENALTIES
Punishment
for appoint-
ment of
teachers in
contravention
of the provi-
sions of the
Act
22- Any person who fails to comply with the recommendations of {the Board}2,
as the case may be, or fails to comply with the order or direction of the Director
under section 17, or appoints a teacher in contravention of the prov isions of this
Act shall, on conviction, be punished with imprisonment for a term which may
extend to three years or with fine which may extend to five thousand rupees or
with both.
Punishment
for a failure to
furnish
information
or willful
obstruction
23- If any person-
(a) willfuly withholds or fails to furnish any return or information lawfully
required by the {***}1 {the Board}2 within the time allowed therefor; or
(b) wilfully obstructs any person from duly carrying out all or, any of the
provisions of this Act.
he shall, on conviction, be punished with imprisonment for a term which may
extend to one year or with fine which may, extend to one thousand rupees or both.
Offences by
societies
24- (1) If the person committing the offence under se ction 22 or section 23 is a
society registered under the societies Registration Act, 1860, 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 guilt y of the offence and
shall be liable to be proceeded against and punished accordingly :
Provided that nothing contained in this section shall render any such person
liable to any punishment if he proves that the offence was committed without his
knowledge or that he exercised all due diligence to prevent the commission of such
offence.
(2) Notwithstanding anything contained in sub-section (1), where, any offence
under this Act has been committed by registered society and it is p roved 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
25- No prosecution for an offence under this Act shall be instituted except with
the previous sanction of the Director or such officer or authority as the State
Government may, by general or special orders, specify in this behalf.
CHAPTER VI
MISCELLANEOUS
Certain
proceeding not
to be
invalidated
26- No act or proceeding of the {***}1 {the Board}2 shall be deemed to be invalid
merely on the ground of --
1. Omitted by section 18 of U.P. Act no. 01 of 1993.
2. Subs. by section 4 of U.P. Act no. 25 of 1998.
41
[The Uttar Pradesh Secondary Education Services Selection Boards Act, 1982] [Section 27-33]
(a) any vacancy or defect in the constitution of [***]1 [the Board]6; or
(b) any defect or irregularity in the appointment of a person acting as a
member thereof;
(c) any defect or irregularity in such act or proceeding not affecting the
substance.
{Authentication
of the orders
27- All orders and decisions of the {Board}6 shall be authent icated by the
signature of the Secretary appointed under section 8 or any other officer authorized
by the {Board}6.} 2
Provisions of
Chapter IV of
U.P. Act 16 of
1980 to apply
28- The provisions of Chapter IV of the Uttar Pradesh Higher Education Servic es
Commission Act, 1980, shall mutatis mutandis apply to {the Board}6 established
under this Act as they apply to the Commission established under that Act.
{Delegation 29- The {Board}5 may, by regulation made under section 34, delegate to its
Chairman or any of its members or officers, its pow er of general superi ntendence
and direction over the business transacted by or in the (Board}6 including the
powers with regard to the expenditure incurred in connection with the maintenance
of the office and internal administration of the {Board}6 .}3
Exemption to
minority
Institutions
30- Nothing in this Act shall apply to an institution established and administered
by a minority referred to in clause (1) of Article 30 of ‘the Constitution of India’.
Protection of
action taken in
good faith
31- 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.
Applicability
of U.P. Act II
of 1921
32- The provisions of the Intermediate Education Act, l921 and the Regulations
made thereunder in so far as they are not inconsistent with the provisions of this
Act {or the rules or regulations made hereunder}4 shall continue to be in force for
the purposes of selection , appointment, promotion, dismissal removal, termination
or reduction in rank of a teacher.
Power to
remove
difficulties
33- (1) The State Government may, for the purposes of removing any difficulty,
by a notified order, direct that the provisions of this Act sha ll, 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 dee m to be necessary or
expedient :
{Provided that no such order shall be made after two years from the date of
commencement of the Uttar Pradesh Secondary Education Services Selection
Boards (Amendment) Act, 1995.}5
1. Omitted by section 18 of U.P. Act no. 01 of 1993.
2. Subs. by section 14 of U.P. Act no.15 of 1995.
3. Added by section 16 ibid.
4. Subs. by section 17 ibid.
5. Ins. by section 18 ibid.
6. Substituted by section 4 in the U.P. Act no. 25 of 1998.
42
[The Uttar Pradesh Secondary Education Services Selection Boards Act, 1982] [Section 33A]
(2) Every order made under sub -section (1) shall be laid before both the
Houses of State Legislature.
(3) No order under sub -section (1) shall be called in question in any court on
the ground that no difficulty as is referred to in sub -section (1) existed or required
to be removed.
{Regulariza-
tion of certain
appointments
33-A (1) Every teacher directly appointed, before the commencement of the Uttar
Pradesh Secondary Education Services Commission and Selection Boards
(Amendment) Ordinance, 1985, on adhoc basis against a substantive vacancy in
accordance with paragraph 2 of the Uttar Pradesh Secondary Education Services
Commission (Removal of Difficulties) Order, 1981, as amended from time to time,
who possesses the qualifications prescribed under, or is exempted from such
qualification in accordance with, the provisions of the Intermediate Education Act,
1921, shall, with effect from the date of such commencement, be deemed to have
been appointed in a substantive capacity provided such teacher has been
continuously serving the institu tion from the date of such appointment up to the
date of such commencement.
[(1-A) Every teacher appointed by promotion, on ad-hoc basis against a
substantive vacancy in accordance with paragraph 2 of the Uttar Pradesh
Secondary Education Service Commissio n (Removal of difficulties) Order, 1981,
as amended from time to time, who possesses the qualifications prescribed under
or is exempted from such qualifications in accordance with the provisions of the
Intermediate Education Act, 1921 shall with effect fro m the date of
commencement of the Uttar Pradesh Secondary Education Services Commission
and Selection Board (Amendment) Act, 1991, be deemed to have been appointed
in a substantive capacity provided such teacher has been continuously serving the
institution form the date of such ad-hoc appointment to the date of such
commencement.
(1-B) Every teacher directly appointed after June 12, 1985 and before May
13, 1989 on ad-hoc basis against a substantive vacancy in the Certificate of
Teaching grade, in accordan ce with paragraph 2 of the Uttar Pradesh Secondary
Education Service Commission (Removal of difficulties) Order, 1981, as amended
from time to time, who possesses the qualifications prescribed under or is
exempted from such qualifications in accordance wit h the provisions of the
Intermediate Education Act, 1921 shall, with effect from the commencement of the
Uttar Pradesh Secondary Education Services Commission and Selection Board
(Amendment) Act, 1991, be deemed to have been appointed in a substantive
capacity provided such teacher has been continuously serving the institution form
the date of such ad-hoc appointment to the date of such commencement.
(1-C) Every teacher appointed by promotion or by direct recruitment before
July 31, 1988, on ad-hoc basis against a substantive vacancy in accordance with
section 18, who possesses the qualifications prescribed under or is exempted from
such qualifications in accordance with the provisions of the Intermediate Education
Act, 1921 shall with effect from the date of commencement of the Uttar Pradesh
Secondary Education Services Commission and Selection Board (Amendment)
Act, 1991, be deemed to have been appointed in a substantive capacity provided
such teacher has been continuously serving the institution form the date of such ad-
hoc appointment to the date of such commencement.]2
1. Inserted, new section by, the section 5 in U.P. Act no. 19 of 1985.
2. Ins. by section 2 (a) of U.P. Act No. 26 of 1991.
43
[The Uttar Pradesh Secondary Education Services Selection Boards Act, 1982] [Section 33B]
[(2) Every teacher deemed to have been appointed in a substantive capacity under
sub-section (1) or (1-A) or (1-B) or (1-C), shall be deemed to be on probation from
the date of such commencement referred to in sub-section (1) or (1 -A) or (1-B) or
(1-C), as the case may be.]2
(3) Nothing in this section shall be construed to entitle any teacher to
substantive appointment—
(a) if on the date of [commencement referred to in sub-section (1) or (1-
A) or (1-B) or (1-C), as the case may be]3, such post had already been filled or
selection for such post had already been made in accordance with this Act, or
(b) if such teacher was related to any member of the Committee of
management or the Principal, or Head Master of the institution concerned.
Explanation—For the purposes of this sub-section a person shall be deemed to
be related to another if-
(i) they are members of a Hindu undivided family; or
(ii) they are husband and wife ;or
(iii) the one is related to the other in the manner indicated in the second
schedule to the Intermediate Education Act, 1921.}1
4{Regulariza-
tion of certain
other
appointments
33-B (1) Any teacher, other than the Principal or Headmaster, who--
(a) (i) was appointed by promotion or by direct recruitment in the
lecturer grade or Trained Graduate grade on or before May 14, 1991 or in
the Certificate of Teaching grade on or before May 13, 1989 against a
short term vacancy in accordance with paragraph 2 of the Uttar Pradesh
Secondary Education Ser vices Commission (Removal of Difficulties)
(Second) Order, 1981 and such vacancy was subsequently converted into
a substantive vacancy , or
(ii) was appointed by direct recruitment on or after July 14, 1981
but not later than June 12, 1985 on ad hoc basis against a substantive
vacancy in the Certificate of Teaching grade through advertisement and
such appointment was approved by the Inspector, or
(iii) was appointed by promotion or by direct recruitment on or after
July 31, 1988 but not later than May 14, 1991 on ad hoc basis against a
substantive vacancy in accordance with section 18, {as it stood before its
substitution by the Uttar Pradesh Secondary Education Services
Commission and Selection Boards (Second Amendment) Act, 1992.}5
1- Added section 33-A by section 5 (a) of U.P. Act No. 19 of 1985.
2- Ins. by section 2 (b) of U.P. Act No. 26 of 1991.
3- Subs. by section 2 (c) ibid.
4- Inserted new section 33-B by section 24 of U.P. Act no. 01 of 1993.
5- Subs. by section 19 of U.P. Act no. 15 of 1995.
44
[The Uttar Pradesh Secondary Education Services Selection Boards Act, 1982] [Section 33B]
(b) possesses the qualifications prescribed under, or is exempted from
such qualifications in accordance with, the provisions of the intermediate
education act, 1921,
(c) has been continuously serving the Institution from the date of such
appointment up to the date of the commencement of the Act referred to in
sub-clause (iii) of clause (a) ,
(d) is not related to any member of the Management or the Principal or
Head Master of the Institution concerned in the manner specified in the
explanation to sub-section (3) of section 33-A;
(e) has been found suitable for appointment in a substantive capacity
by a Selection Committee constituted under sub -section (2), shall be given
substantive appointment by the Management.
(2) (a) For each region, there shall be a Selection Committee comprising—
(i) Regional Deputy Director of Education of that region, who shall be
the Chairman,
(ii) One officer holding a Group ‘A’ post (specified as such by the State
Government from time to time) in any department other than Education
department, to be nominated by the State Government,
(iii) Regional Inspectors of Girls School of that region;
Provided that the Inspector of the district shall be co-opted as a member
while considering the cases for regularization of that district.
(b) The Selection Committee constituted under clauses (a) shall consider the
case of every such teacher and on being satisfied about his eligibili ty and
suitability in view of the provisions of sub -section (1) shall, subject to the
provisions of sub -section (3) recommend his name to the Management for
appointment under sub-section (1) in a substantive vacancy.
(3) (a) The names of the teachers shall be recommended for substantive
appointment in order of seniority as determined from the date of their
appointment.
(b) If two or more such teachers are appointed on the same date, the teacher
who is elder in age shall be recommended first.
(4) Every tea cher appointed in a substantive capacity under sub -section (1)
shall be deemed to be on probation from the date of such substantive appointment.
(5) A teacher who is not found suitable under sub -section (1) and a teacher
who is not eligible to get a subst antive appointment under that sub -section shall
cease to hold the appointment on such date as the State Government may by order
specify.
(6) Nothing in this section shall be construed to entitle any teacher to
substantive appointment , if on the date of c ommencement of the Act referred to
in sub-clause(iii) of clause (a) of sub -section (1), such vacancy had already been
filled or selection for such vacancy has already been made in accordance with this
Act.}1
1- Inserted new section 33-B by section 24 of U.P. Act no. 01 of 1993.
45
[The Uttar Pradesh Secondary Education Services Selection Boards Act, 1982] [Section 33-C]
{Regularisation
of certain more
appointments
33-C (1) Any teacher who,--
(a) (i) was appointed by promotion or by direct recruitment on or after
May 14, 1991 but not later than Au gust 6, 1993 on ad hoc basis against
substantive vacancy in accordance with section 18, in the Lecturer grade or
Trained Graduate grade;
(ii) was appointed by promotion on or after July 31, 1988 but not later
than August 6, 1993 on ad hoc basis against a substantive vacancy in the post
of a Principal or Headmaster in accordance with section 18;
(b) possesses the qualifications prescribed under, or is exempted from
such qualifications in accordance with, the provisions of the Intermediate
Education Act, 1921;
(c) has been continuously serving the Institution from the date of such
appointment up to the date of the commencement of the Uttar Pradesh
Secondary Education Services Commission (Amendment) Act, 1998;
(d) has been found suitable for appointment in a substantive capacity by
a selection Committee constituted under sub-section (2),
shall be given substantive appointment by the Management.
(2) (a) For each region, there shall be a selection committee comprising, -
(i) Regional Joint Director of Education of that region, who shall be the
Chairman;
(ii) Regional Deputy Director of Education (Secondary) who shall be
member;
(iii) Regional Assist ant Director of Education (basic ) who shall be
member,
In addition to above members the District inspector of Schools of the
concerned district shall be Co-opted as member while considering the cases
for regularisation of that district.
(b) The procedure of selection for substantive appointment under sub -section
(1) shall be such as may bExcerpt shown. Open the full act in Lexace.