UTTARANCHAL SCHOOL EDUCATION ACT, 2006
(1) This Act may be called the Uttaranchal School Education Act, 2006.
(2) It extends to the whole of the Uttaranchal State.
(3) It shall come into force on such date as the State Government may, by notification in the official Gazette, appoint.
In this Act unless there is repugnant in the subject or context-
(a) "Board" means the Board of School Education, Uttaranchal;
(b) "Centre" means an institution or a place fixed by the Board for the purposes of holding its examinations and includes the entire premises attached thereto;
(c) "Director" means the Director of Education, Uttaranchal;
(d) "District Education Officer" means the District Education Officer incharge" of the district;
(e) "Employee" of an institution receiving Maintenance grant from the State funds means a non-teaching employee in respect of whose employment maintenance grant is paid by the State Government to the Institution;
(f) "Head
(1) The State Government may establish Block Resource Center, Nyay Panchayat Resource Center and Vidyalya Sankul Kendra respectively to provide the School Education for planning, implementation, control, administration, direction, monitoring and financial management in addition Director School Education, Director State Council of Educational Research and Training, Regional Additional Director and District Education officer.
(2) The Government shall appoint such officers and employees for the Block Resource Center, Nyay Panchayat Resource Center and Vidyalya Sankul Kendra as the State Government may deem fit.
(3) The officers and employees appointed under sub-section (2) shall discharge such functions and exercise powers, as may be prescribed in the rule.
(1) The Developmental functions regarding curriculum, syllabus, teaching and training material, teacher education, educational support and educational quality in the school education system shall be performed by the State Council of Educational Research and Training.
(2) The State Government may post Director/Additional Director for the State Council of Educational Research and Training.
(3) Without prejudice to the generality of the preceding power, the following functions shall be discharged by the officers posted under sub-section (2)-
(a) To prepare, modify or revise curriculum and syllabus for different stages of school education;
(b) To prepare text-books, reading material and other instructional material;
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With effect from such date as the State Government may, by notification in the Official Gazette, appoint, there shall be a Board to be known as the Uttaranchal Board of School Education.
(1) The Board shall consist of a Chairman and the following members, namely:
(a) Director, School Education-Chairman, ex officio;
(b) Three heads of secondary institutions nominated by the State Government, one from a Government (boys) institution, one from private institution and one from girls institution; ,
(c) Three heads of institutions of primary school and junior high school level, nominated by the State Government, one from a Government (primary) institution, one from private institution and one from girls institution;
(d) Three teachers of secondary institutions nominated by the State Government, one from a Government (boys) institution, one from private institution and one from girls institution, and three teachers of institutions of prim
(1) The State Government may remove from the Board any Member who, in its opinion-
(a) refuses to act,
(b) has become incapable to act,
(c) has so abused his office as to render his continuance in office detrimental to the public interest, or
(d) is otherwise unsuitable to continue as a member.
(2) No order of removal under this section shall be made unless the member concerned has been given an opportunity to submit his explanation to the State Government and when such order is passed, the seat of the member removed shall be declared vacant.
(3) A member who has been removed under this section shall not be eligible for a re-appoint as a member or in any capaci
(1) Members other than ex officio members shall hold office for a term of three years as specified by the. State Government;
Provided that the members shall, notwithstanding the expiration of his term, continue to hold office until his successor inters upon his office.
All casual vacancies among the members (other than ex officio members) of the Board or of a Committee nominated by the Board shall be filled, as soon as conveniently may be, by the person or body who
nominated the member whose place has become vacant and the person nominated to a causal vacancy shall be a member of the Board for the residue of the term for which the person whose place he fills would have been a member.
(a) To prescribe curriculum, syllabus, evaluation process, text-book, other books and instructional material, if any, at Intermediate, High School, Junior High School, Primary School level, Teacher Education and training of officers and employees in such branches of education as it thinks fit;
(b) To publish or manufacture, whether to the exclusion, complete or partial, of others or otherwise, all or any such text-books, other books or instructional material; .
(c) To request the State Council of Educational Research and Training for the preparation, modification or revision of curriculum, syllabus and teaching and training material;
(d) To grant diplomas or certificates, to persons who-
(i) have perused a course of study in an institution admitted
Notwithstanding anything contained in Clause of Section 10
(a) The Board may, with the prior approval of the State Government, recognize an institution in any new subject or group of subjects or for a higher class;
(b) the District Education Officer may permit an institution to open a new section in an existing class.
Nothing of section 42 to 51 of this Act shall apply in relation to part-time teachers and part-time instructors employed in an institution under Section 12.
No person shall confer, grant or issue or hold himself entitled to confer, grant or issue any diploma or certificate or document stating or implying that the holder, grantee or recipient has pursued a course of study in any institution privately, or has passed the Intermediate, High School, Junior High School, Primary or Teacher Education examination or any examination described in manner reasonably calculated to cause it to be believed to be the Intermediate, High School, Junior High School, Primary or Teacher Education examination.
No person connected with the management of an institution and no head of the institution or teacher or any other employee thereof shall directly or indirectly take or receive or cause to be taken or received any contribution, donation, fees or any other payment of any sort, either in cash or in kind, except the fees at the rates specified in any order issued by the State Government in this behalf from or on behalf of any student as a condition for granting him admission to or permitting him after such admission to continue in such institution.
Whoever contravenes the provisions of Section 14 or Section 15 shall be punishable with imprisonment for a term which may extend to three years and also with fine which may be up to five thousand rupees or with both and if the person so contravening is a society or any association of persons, every member of such society or association who knowingly and willingly authorizes or permits such contravention shall be C J punishable.
Where a contribution or donation, either in cash or in kind, is taken or received by an institution including, an institution maintained exclusively by the State Government or a local authority, the contribution or donation so received shall be utilized only for the purpose for which it was given to it, and in the case of an institution maintained exclusively by the State Government, the cash contribution or donation shall be credited to the personal account of such institution which shall be operated in accordance with the general or special orders of the State Government.
(1) The State Government shall have the right to address the Board with reference to any of the works conducted or done by the Board and to communicate to the Board its views on any matter with which the Board is concerned,
(2) The Board shall report to the State Government such action, if any, as it is proposed to take or has been taken upon its communication,
(3) If the Board does not, within a reasonable time, take action to the satisfaction of the State Government, the State Government may, after considering an explanation furnished or representation made by the Board, issue such directions consistent with this Act, as it may think fit, and the Board shall comply with such directions.
(4) Whenever, in the opinion of the State Government, it is necessary or expedient to take immediate act
The following shall be the officers of the. Board:
(1) the Chairman,
(2) the Secretary,
(3) such other officers as may be declared by the Regulations to be officers of the Board :
(1) It shall be the duty of the Chairman to see that this Act and the Regulations are faithfully observed and he shall have all powers necessary for this purpose.
(2) The Chairman shall have power to convene meetings of the Board, shall call a meeting at any time after due notice, on a requisition signed by not less than one-forth of the total membership of the Board and stating the business to be brought before the meetings.
(3) In any emergency, arising out of the administrative business of the Board, which, in the opinion of the Chairman, requires that immediate action should be taken, the Chairman shall take such action as he deems necessary and shall thereafter report his action to the Board at its next meeting.
(4) The Chairman shall exercise such other powers as may be prescribed by the
(1) The Secretary shall be appointed by the State Government upon such conditions and for such period as prescribed in the rules.
(2) The Secretary shall, subject to the control of the Board, be the administrative officer of the Board. He shall be responsible for the presentation of the annual estimates and statement of accounts.
(3) He shall be responsible for seeing that all moneys are expended on the purpose for which they are granted or allotted.
(4) He shall be responsible for keeping the minutes of the Board.
(5) He shall exercise such powers as are necessary for the conduct of the examinations.
(6) He shall exercise such other powers and discharge functions as may be prescribed by the regulations.<
(I) The Board shall constitute the following committees as prescribed in the regulations. Different committees may be constituted for different areas.
(2) The following shall be the committees of the Board, namely-
(a) Curriculum Committee,
(b) Syllabus Committee,
(c) Examinations Committee,
(d) Results Committee,
(e) Recognition Committee, and
(f) Finance Committee.
(3) Aforesaid Committees shall consist of the members of the Board only and such Committees shall be constituted in such a way that as far as possible at least one member from each of the following classes are
All matters relating to the exercise by the Board, of powers conferred upon it by this Act which have by Regulation been delegated by the Board to anyone of its committee the Board before exercising any such powers, shall receive and consider the report of the committee with respect to the matter in question.
(1) The Board may make regulations to provide for all or any of the following matters, namely-
(a) the constitution, powers and duties of committees;
(b) the conferment of diplomas and certificates;
(c) the conditions of recognition of institutions for the purposes of its examinations;
(d) the courses of study to be laid down for all certificates and diplomas;
(e) the conditions under which candidates shall be admitted to the .examinations of the Board and shall be eligible for diplomas and certificates;
(f) the fees for admission to the examinations;
(g) the conduct of examinations;
(1) Subject to the provisions of this Act the Board may make bye-laws to provide for all or any the following matters, namely-
(a) laying down the procedure to be observed at their meetings and the number of members required to form a quorum;
(b) such matters which are not provided for in this Act and regulations.
(2) The State Government may issue direction to amend or rescind of any byelaws made under this section by the Board or its Committee.
No act or proceedings of the Board shall be called in question or shall be invalid on the ground merely of the existence of any vacancy or defect in the constl1ution of the Board.
Officers and Staff of the Board or its Committee shall be deemed to be public servant with in the meaning of Section 21 of the Indian Penal Code.
(1) For the conduct of Boards Examinations, evaluation of answer-books in such Examination and preparation of result thereof, the Committee of Management, Head of Institution, every teacher and other employee in relation to an institution, shall render such assistance, perform such duties and discharge such functions as may be required, entrusted or assigned to it or him by or under this Act.
(2) Where the Director is satisfied that any such Committee, Head of Institution, teacher or employee has failed to carry out any direction issued under subsection (1), he may, for the conduct of Boards Examinations, evaluation of answer-books in such examination or preparation of result thereof, take such measures (including requisition and taking possession of the building, furniture or any other property of the institution) and for such period as appears to him to be necessary therefore.
(1) Notwithstanding anything in any lay, document, or decrees or order of a Court of other instrument there shall be Scheme of administration (hereinafter referred to as the Scheme of Administration) for every recognized institution, which shall be submitted along with the application for recognition for the sanction of the Director. The Scheme of Administration shall amongst other matters provide for the constitution of a Committee of Management (hereinafter called the Committee of Management) vested with authority to manage and conduct the affairs of the institution. The Head of the institution and two teachers, thereof, who shall be selected by rotation according to seniority in the manner to be prescribed by Regulations, shall be ex-officio members of the Committee of Management with a right to vote.
(2) No member of the Committee of Management shall either attend a meeting of
The Scheme of Administration in relation to any institution, whether recognized before or after the commencement of this Act shall not be inconsistent with the principles laid down in the First Schedule.
(l) Where in relation to any institution, the Scheme of Administration has been or deemed to have been approved .under Section 29 at any time before the commencement of the this Act and such Scheme of Administration is inconsistent with the provisions of this Act, the Institution shall submit, within a period\ of Six months from such commencement, a fresh Scheme of Administration Consistent with the principles laid down in the first schedule for the approval of the Director.
(1) While making any suggestion in the Scheme of Administration submitted under Section 29 or 31 the Director shall send, within such period of time as may be prescribed, a notice to such institution suggesting any alternation or modification therein and requiring the institution to submit a fresh Scheme of Administration or to amend of alter the existing Scheme.
(2) While making any suggestion in the Scheme of Administration, the Director shall give his reasons therefore and shall also afford an opportunity to the institution to make a representation within such period as may be specified in the notice.
(3) The Director shall consider any representation Madeira accordance with sub-section (2) and may approve the Scheme of Administration the its original form or subject to any alternation or modification suggested under sub-section (1) o
In the Scheme of Administration framed under Section 29 of this Act, the term of office of the Committee of Management shall not be prescribed for a period exceeding three years.
(1), The Director may inspect a recognized institution or cause it to be inspected by the departmental officers from time to time.
(2) The Director may direct a management to remove any defect or deficiency found on inspection or otherwise.
(3) If on the receipt of information or otherwise, the Director is satisfied that-
(i) the Committee of Management of an institution has failed to comply with the judgment of any Court or any direction made under this Act or any other law for the time being in force; or
(ii) the Committee has failed to appoint teaching staff possessing such qualifications as are necessary for the purpose of ensuring to maintenance of academic standard in the institution or has appointed or retained in service any teaching or non-
(1) wherever an authorized controller is appointed under sub-section (4) or sub-section (8) of Section 34·
(a) he shall take over the management of the concerned institution and its properties to the exclusion of its Committee of Management, and shall, subject to such restrictions as the State Government may impose, have dll such power and authority as the Committee would have if the institution and its properties were not taken over under the said sub-section.
(b) Every person in whose possession, custody or control any property of the institution may be, shall deliver such property to the authorized Controller forth· with.
(2) Every person who on the date of the order referred to in sub-section (4) of subsection (8) of section 34 has in his possession or control any books or other documents
Subject to the provisions of this Act, the Head of Institution and teachers of an institution be appointed by the Committee of Management in the manner hereinafter provided.
(2) Every post of Head of Institution or teacher of an institution shall except to the extent prescribed for being filled by promotion, be filled by direct recruitments after intimation of the vacancy to the District Education Officer and obtaining approval of the District Education Officer for advertising and advertisement of the vacancy containing such particulars as may be prescribed, in at least two daily newspapers having wide circulation in the State.
(3) No person shall be appointed as Head of Institution or teacher in an institution unless he possesses qualification prescribed by the Regulation.
(4) Every applicati
(1) For the selection of candidates for appointment as Head of an Institution, there shall be a Selection Committee consisting of-
(i) the President or any member of the Committee of Management nominated by the Committee by resolution in that behalf, who shall be the Chairman;
(ii) a member to the Committee of Management other than the one referred to in Clause 0), nominated by it in this behalf;
(iii) three experts nominated by the Regional Additional Director of Education from persons not belonging to the district in which the institution is situated, out of the panel of names prepared under this section. .
(2) For the selection of candidates for appointment as teacher in an institution, there shall be a Selection Committee consisting of-
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(1) Notwithstanding anything In sub-section (4) of Section 36 and in Section 37, the Selection Committee for the appointment of a Head of Institution or a teacher of an institution established and administered by a minority referred to in Clause (1) of Article 30 of the Constitution shall consist of five members (including its Chairman) nominated by the Committee of Management:
Provided that one of the members of the Selection Committee shall-
(a) in the case of appointment of the Head of an institution, be an expert selected by the Committee of Management from a panel of experts prepared by the Director; ;
(b) In the case of appointment of a teacher, be the Head of the Institution concerned.
(2) The procedure to be followed by the Selection Committ
(1) Every person employed in a recognized institution shall be governed by such conditions of service as may be prescribed by Regulations and any agreement between the managements and such employee in so far as it is inconsistent with the provisions of this Act or with the Regulations shall be void. .
(2) Without prejudice to the generality of the powers conferred by sub-section (1), the Regulations may provide for- .
(a) the period of probation, the conditions of confirmation and the procedure and conditions for promotion and punishment, [including suspension pending or in contemplation of inquiry or during the pendency of investigation, inquiry or trial in any criminal case for an offence involving moral turpitude] and the emoluments for the period of suspension and termination of service with notice;
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The Committee of Management shall appoint on ad hoc basis such part time/P.T.A. teachers as were employed up to 5-9-2003 by the committee of management from its own resource, f0r which sub substantive posts were created at the time and who possessed qualification prescribed for the corresponding posts and who were paid honorarium from the government funds.
Subject to the provisions of this Act, salary of the teachers and other employees of institutions receiving maintenance grant from the State Government shall be paid in hereinafter arranged manner.
(1) Notwithstanding any contract to the contrary, the salary of a teacher or other employee of an Institution receiving maintenance grant from the State Government in respect of any period from the day of commencement, 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 provision of sub-section (3), be paid without deduction of any kind except those authorised 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 accordance with sub-section (1) due to any default on the
(1) The District Education Officer may at any time, for the purposes of this Act, in pact or cause to be inspected any Institution or call for such information and records (including registers, book of account and vouchers) from its management with regard to the payment of salaries to its teachers or employees or give to its management any direction for the observance of such cannons of financial propriety (including any direction for retrenchment of any teacher or employee or for prohibition of any wasteful expenditure) as he thinks fit.
(2) Where a direction under sub-section (1) is given for retrenchment of any teacher or employee, it shall be complied within accordance with the provisions of this Act and the regulations or, as the case may be, the conditions of his service.
(3) (a) Notwithstanding anything contained in any law and wi
(1) The management of every Institution receiving maintenance grant from the State Government shall for the purposes of disbursement of salaries to its teachers and employees open in a scheduled bank or a co-operative bank a separate account to be operated jointly by a representative of the management and by the District Education Officer or such other officer as may be authorized by the District Education Officer in that behalf:
Provided that after the account is opened the District Education Officer may, if he is, subject to any rules made-under this Act, satisfied that it is expedient in the public interest to do so, 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
(1) Where the District Education Officer on the basis of an inspection of an institution receiving maintenance grant from the State Government or its records or otherwise is satisfied that its management has committed default in complying with any direction given under Section 44 or with any provision of Section 43 or Section 45 he may recommend to the Regional Additional Director of Education, that action be taken against the institution under sub-section (2)
(2) On receipt of a recommendation under sub-section (1), the Regional Additional Director of Education, may call upon the management to comply with the said direction or provision or to show cause within a week why the management should not be suspended.
(3) Where the management fails to comply as aforesaid or to show cause, or the Regional Additional Director or Education consid
An appeal against the order of the Regional Additional Director of Education, superseding the management under section 46 may be preferred to the Director within O1e 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 considers 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.
The State Government may call for and examine the record any appeal decided by the Director under section 47 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 receiving maintenance grant from the State Government or extending the period of 3upersession thereof shall be passed under this section unless an opportunity has been given to the management to show cause against the proposed order.
No Institution receiving maintenance grant from the State Government shall create a new post of teacher or other employee except with the previous approval of the Director, or such other officer as may be empowered in that behalf by the Director.
(1) The State Government shall be liable for payment of salaries of teachers and employees of every institution receiving maintenance grant from the State Government due in respect of any period from the date of the commencement of this Act.
(2) The State Government may record any amount in respect of which any liability is incurred by it under sub-section {l) by attachment of the income from the property belonging to or vested in the Institution as if that amount were an arrear of land revenue due from the institution receiving maintenance grant from the State Government.
(3) Nothing in this section shall be deemed to derogate from the liability of the institution for any such dues to the teacher or employee.
- (1) If any default is committed in complying with any direction under Section 44 or with the provisions of Section 43 or Section 45, 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 Institution receiving maintenance grant from the State Government 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 43 with fine which may extend to one thousand rupees and in case of any other default, with imprisonment which may extend to six months or 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 Regional Additional
(1) The provisions of sections 29, 30, 31, sub-section (2) to sub-section (14) of section 34 and sections 35 to 51 shall not apply to recognized institutions run and maintained by the State Government or the Central Government.
(2) In the case of recognized institutions maintained by a local body, the State Government may declare that all or any of the provisions referred to in sub-section (+) shall not apply or shall apply subject to such alterations, modifications or additions as it may make and the provisions, if any, so made applicable, shall have effect not Alit standing anything inconsistent therewith contained in any other law for the time being in force.
Subject to the approval of the State Government, the Director may, by a notification in the official Gazette, delegate all or any of the powers conferred upon him by or under this Act, except the powers which he exercise as Chairman of the Board to an officer or officers of the Education Department not lower in rank than an Additional Director of Education.
No suit, prosecution or other legal proceeding shall lie against the State Government, the Board or any of its Committees or any other person or any person authorized by the State Government, the Board or any of its Committees in respect of anything which is in good faith done or intended to be done in pursuance of this Act.
No order or decision made by the Board or any of its Committee in exercise of the powers conferred by or under this Act shall be called in question in any Court.
(1) If any difficulty arises in giving effect to the provisions of this Act or by reason or anything contained in this Act, the State Government may, by notification in the Gazette, remove the difficulty by making such incidental or consequential provisions, not affecting the substance.
Provided that no order shall be made after the expiration of the period of two years from the date of commencement of this Act.
Provided further that such every order as soon as shall be laid, before the State Legislative Assembly.
Notwithstanding anything contained in this Act, the provisions of Panchayati Raj Act, as far as they are related to the management of education, shall apply.
All the teachers, officers and employees of Basic Shiksha Parishad, including any supervising or inspecting officer, or employee working immediately before the date of the commencement of this Act, shall be transferred to the State Government and they shall become teachers, officers and employees of the State Government and their services shall be governed by the service rules prescribed by the State Government.
(1) The properties of Basic Shiksha Parishad immediately before the date of the commencement of this Act, shall become the properties of the State Government.
(2) Where any building or part thereof, on the date immediately before the date of the commencement of this Act,. was occupied as tenant by Basic Shiksha Parishad for the purpose of any basic school, the tenancy in respect of such building or part, with effect from the date of the commencement of this Act, shall stand transferred in favour of the State Government.
(3) Where any building or part thereof belonging to a local body, on the date immediately before the date of the commencement of this Act, was occupied by Basic Shiksha Parish ad for the purposes of any basic school, the State Government shall, with effect from the date of the commencement of this Act, be deemed to have
(1) The Uttaranchal (The Uttar Pradesh Intermediate Education Act, 1921) Adaptation and Modification Order, 2002, The Uttarnachal (The Uttar Pradesh Basic Education Act, 1972) Adaptation and Modification Order, 2002, The Uttar Pradesh High Schools and Intermediate Colleges (Payment of Salaries of Teachers and Other Employees) Act, 1971 and The Uttar Pradesh Junior High School (Payment of Salaries of Teachers and Other Employees) Act, 1978 are hereby repealed.
(2) Notwithstanding such repeal, anything done or any action taken under the Principal Acts referred to in sub-section (1) shall be deemed to have been done or taken under the corresponding provisions of the Act as if the provisions of the Act were in force at all material times.
(1) provide for proper and effective functioning of the Committee of Management;
(2) provide for the procedure for constituting the Committee of Management by periodical elections;
(3) provide for the qualifications and disqualifications of the members and office bearers of the Committee of Management and the term of their offices;
Provided that no such scheme shall contain provisions creating monopoly in favour of any particular person, caste, creed or family;
(4) provide for the procedure of calling of meetings and the conduct of bus mess at such meetings;
(5) provide that all the decisions shall be taken by the Committee of Management and powers of delegation, if any, shall be limited and clearly defin
1. Father.
2. Mother (including step-mother).
3. Son (including step-son).
4. Sons wife.
5. Daughter (including step-daughter).
6. Fathers father.
7. Fathers Mother. 8. Mothers mother. 9. Mothers father.
10. Sons son.
11. Sons sons wife.
12. Sons daughter.
13. Sons daughters husband.
14. Daughters husband.
15. Daughters son.
16. Daughters sons wife.
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