UTTAR PRADESH SECONDARY EDUCATION SERVICES COMMISSION AND SELECTION BOARDS ACT, 1982

Act No. 05 of 1982

25th February, 1982

An Act to establish Secondary Education Services Commission and Selection Hoards for the selection of teachers in institutions recognised under the Intermediate Education Act, 1921.

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S.1 Short Title and Commencement

(1) This Act may be called the Uttar Pradesh Secondary Education Services Commission and Selection Boards 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.

S.2 Definitions

In this Act,--

• (a) 'Board' means the Secondary Education Selection Boards established under section 12;
• (b) 'Chairman' means the Chairman of the Commission, and includes any other person performing, in the absence of the Chairman, for the time being, the functions of the Chairman;
• (c) 'Commission' means the Uttar Pradesh Secondary Education Services Commission established under section 3:
• (d) 'Director' mans the Director of Education, Uttar Pradesh and includes an Additional Director of Education, Uttar Pradesh;
• (e) 'Institution' means an intermediate College or a Higher Secondary School or a High School recognised under the Intermediate Education Act, 1921, and includes institution 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 co
  

S.3 Establishment of the Commission

(1) With effect from such date as the State Government may, by notification, appoint in this behalf, there shall be established a Commission to be called the "Uttar Pradesh Secondary Education Services Commission".

(2) The Commission shall be a body corporate. It shall exercise powers throughout Uttar Pradesh and its headquarters shall be at such place as the State Government may direct.

S.4 Composition of the Commission

(1) The Commission shall consist of a Chairman and not less then six and not more than eight other members to be appointed by the State Government.

(2) Of the members--

• (a) one shall be a person who occupies or has occupied, in the opinion of the State Government, a position of eminence in Judicial Services:
• (b) two shall be persons who occupy or have occupied, in the opinion of such Government, a position of eminence in the State Education Services; and
• (c) others shall have teaching experiences as--
  • (i) Professor of any University established by law in Uttar Pradesh; or
  • (ii) Principal of any college recognised by or affiliated to any such University for a period of not less than ten years; or
  • (iii) Principal of any institution recognised under the Intermediate Education Act, 1921 for a period of not less than fifteen years.

(3) Every appointment under this section shall take eff

S.5 Terms of Office and Conditions of Service of members

(1) Subject to the previsions of this Act every member shall hold office for a term of six years.

(2) No person shall be a member of the Commission for more than two consecutive terms

(3) A member of the Commission may resign his office by writing under his hand addressed to the State Government, but he shall continue in office until his resignation is accepted by the State Government.

(4) The office of the members shall be whole time and the terms and conditions of their service shall be such as the State Government may, by order, direct.

(5) Notwithstanding anything contained in this section, no person shall be appointed or continue as a member of the Commission, if he has attained the age of sixty-two years.

S.6 Powers of the State Government to remove the Member

(1) The State Government may, by order, remove from office any member, if lie-

• (a) is adjudged an insolvent; or
• (b) engages, during his term of office, in any paid employment outside the duties of his office; or
• (c) is, in the opinion of the State Government unfit to continue in office by reason of infirmity of mind or body or of proved misconduct; 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 benefit or emolument arising therefrom, otherwise than as a member, he shall, for the purpose of clause (c), be deemed to be guilty of misconduct.

(2) The procedure for the investigation and proof of misconduct under this section shall be such as may he prescribed.

S.7 Power to Associate

The Commission may associate with itself, in such manner and for such purposes as may be determined by regulations made under section 34, any person whose assistance or advice it may desire to have in carrying out any of the provisions of this Act.

S.8 Staff of the Commission

(1) The Secretary of the Commission shall be appointed by the State Government on deputation for a term 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 Commission may appoint such other employees 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 Commission thinks fit.

S.9 Powers and Duties of Commission

The Commission shall have the following powers and duties, namely--

• (a) to prepare guidelines on matters relating to the method of recruitment and promotion of such categories of teachers as are specified in the Schedule;
• (b) to conduct examinations where considered necessary, hold interviews and make selection of candidates for being appointed as such teachers;
• (c) to select and invite experts and to appoint examiners for the purposes specified in clause (b);
• (d) to make recommendations regarding the appointment of selected candidates and their promotion;
• (e) to advise the management in matters relating to dismissal, removal or reduction in rank of teachers specified in the Schedule;
• (f) to obtain periodical returns or other informations 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 emolumen
  

S.10 Procedure of Selection of teachers specified in the Schedule

(1) For the purposes of making appointment of a teacher specified in the Schedule, the management shall notify the vacancy to the Commission in such manner and through such officer or authority as may be prescribed.

(2) The procedure of selection of candidates for appointment to the posts of such teachers shall be such as may be prescribed:

Provided that the Commission shall, with a view to inviting talented persons, give wide publicity in the State to the vacancies notified under subsection (1).

S.11 Panel of Candidates selected by Commission

(1) The Commission shall, as soon as possible, after the notification of vacancy under section 10, hold interviews (with or without examination) 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 Commission 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 intimate the management of an institution in respect of which the vacancy was notified under sub-section (1) of section 10. the names of candidates selected for appointment as teachers, and for this purpose, the officer or authority shall follow such procedure as may be prescribed.

(4) The management shall, within a period of one month from the date of receipt of such intimation, issue appointment letter to the candidate whose name has been intimated

S.12 Establishment of Regional Selection Boards

(1) With effect from such date or dates as the State Government may, by notification, appoint in this behalf, there shall be established six or more Secondary Education Selection Boards having jurisdiction over such local area as the State Government may specify in the said notification.

(2) Every such Board shall be a body corporate and its headquarters shall be at such place as may be notified by the State Government.

(3) Every such Board shall consist of the following members, namely--

• (a) one whole-time President appointed by the State Government from amongst the persons who fulfil the qualifications specified in sub-section (2) of section 4:
• (b) one of the Regional Deputy Directors of Education serving in the local area over which the Board exercises Jurisdiction under subsection (1), to be nominated by the State Government.

(4) Every appointment under this section shall take effect from the date on which it is notified by the

S.13 Staff of the Board

(1) For the efficient discharge of its duties and functions under this Act, even' Board shall have such staff as the State Government may, from time to time, determine.

(2) The terms and conditions of service of the members of the staff appointed under sub-section (1) shall be determined by the State Government

S.14 Power, Duties and Functions of the Boards

(1) Every Board shall have the power to make selection of candidates for being appointed as teachers (other than a teacher specified in the Schedule) in an institution located within the local area over which the Board exercises jurisdiction.

(2) The Board shall also have the power to review cases of promotion of Junior Training Certificated Teachers or Basic Training Certificated Teachers to Certificate of Teaching grade, where such promotion is made on or after July 10, 1981.

(3) Without prejudice to the generality of the provisions of subsections (1) and (2), the Board shall have the power--

• (a) to conduct examinations where considered necessary or to hold interview of candidates;
• (b) to select and invite experts and to appoint examiners for the purposes specified in clause (a).;
• (c) to fix the emoluments and travelling and other allowances of the experts and examiners;
• (d) to administer the funds placed at the disposal of th
  

S.15 Applicability of Sections 10 and 11 to the Boards

The provision of sections 10 and 11 shall mutatis mutandis, apply to the Board for the purposes of selection and appointment of a teacher (other than a teacher specified in the Schedule) as they apply to the Commission for the purposes of selection and appointment of a teacher specified in the Schedule.

S.16 Appointments to be made only on recommendations of the Commission or the Board

(1) Notwithstanding anything to the contrary contained in the Intermediate Education Act, 1921 or the Regulations made thereunder but subject to the provisions of sections 18 and 33--

• (a) every appointment of a teacher specified in the Schedule shall, on or after July 10, 1981; be made by the management only on the recommendation of the Commission.
• (b) every appointment of a teacher (other than a teacher specified in the Schedule) shall, on or after July 10, 1981, be made by the management only on the recommendation of the Board:

Provided that in respect of retrenched employees, the provisions of section 16-EE of the Intermediate Education Act, 1921, shall apply with the modification that in sub-section (2) of the aforesaid section, for the words 'six months' the words 'two years' shall be deemed to have been substituted.

(2) Every appointment of a teacher, in contravention of the provisions of sub-section (1), shall be void.

S.17 Inquiry by Director

(1) Where any person is entitled to be appointed as a teacher in any institution in accordance with Chapter II or Chapter III, 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) On receipt of an application under sub-section (1), the Director or the officer authorised 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 au

S.18 Ad hoc Teachers

(1) Where the management has notified a vacancy to the Commission in accordance with the provisions of this Act, and--

• (a) the Commission has failed to recommend the name of any suitable candidate for being appointed as a teacher specified in the Schedule with in one year from the date of such notification; or
• (b) the post of such teacher has actually remained vacant for more than two months, then, the management may appoint, by direct recruitment or promotion, a teacher on purely ad hoc basis from amongst the persons possessing qualifications prescribed under the Intermediate Education Act, 1921 or the regulations made thereunder.

(2) The provisions of sub-section (1) shall also apply to the appointment of a teacher (other than a teacher specified in the Schedule) on ad hoc basis with the substitution of the expression 'Board' for the expression "Commission".

(3) Every appointment of an ad hoc teacher under sub-section (1) or sub-section

S.19 Power to Call for Information etc

The Commission or the Board may require the management of an institution to furnish such information or return regarding the matters referred to in section 9 or section 14, as the case may be, as it thinks fit, and the management shall be bound to comply with the same.

S.20 Power to Inspect record, register etc

The Secretary of the Commission or any other person authorised by the Commission or the Board 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.

S.21 Restriction on Dismissal, Removal or Reduction in rank of teachers

(1) No teacher specified in the Schedule shall be dismissed or removed from service or reduced in rank and neither his emoluments may be reduced nor he may be given notice of removal from service by the management unless prior approval of the Commission has been obtained.

(2) No teacher other than a teacher specified in the Schedule shall be dismissed or removed from service or reduced in rank and neither his emoluments may be reduced nor he may be given notice of removal from service by the management unless prior approval of the Board has been obtained.

(3) Every order of dismissal, removal or reduction in rank or removal from service or reduction in emoluments of a teacher in contravention of the provisions of sub-section (1) or sub-section (2) shall be void.

S.22 Punishment for Appointment of teachers in Contravention of the provisions of the Act

Any person who fails to comply with the recommendations of the Commission or the Board, 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 provisions 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.

S.23 Punishment for failure to furnish information or wilful obstruction

If any person--

• (a) wilfully withholds or tails to furnish any return or information lawfully required by the Commission or the Board 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.

S.24 Offences by Societies

(1) If the person committing the offence under section 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 guilty 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 proved that the offence has been committed with the consent or connivance of, or that the commission of offence is attributable to any neglect on the part of any member of the society, such member

S.25 Bar against Prosecution

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.

S.26 Certain Proceeding not to be Invalidated

No act or proceeding of the Commission or the Board shall be deemed to be invalid merely on the ground of--

• (a) any vacancy or defect in the constitution of the Commission or the Board; 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 of proceeding not affecting the substance.

S.27 Authentication of the Orders

(1) All orders and decisions of the Commission shall be authenticated by the signature of the Secretary appointed under section 8 or any other officer authorised by the Commission.

(2) All orders and decisions of the Board shall be authenticated by the signature of the President or any other officer authorised by the Board.

S.28 Provisions of Chapter IV of U.P. Act 16 of 1980 to Apply

The provisions of Chapter IV of the Uttar Pradesh Higher Education Services Commission Act, 1980, shall mutatis mutandis apply to the Commission or Board established under this Act as they apply, to the Commission established under that Act.

S.29 Delegation

The Commission may, by regulation made under section 34, delegate to its Chairman or any of its members or officers, its power of general superintendence and direction over the business transacted by, or in the Commission including the powers with regard to the expenditure incurred in connection with the maintenance of the office and internal administration of the Commission.

S.30 Exemption to Minority Institutions

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.

S.31 Protection of Action taken in Good faith

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.

S.32 Applicability of U.P. Act II of 1921

The provisions of the Intermediate Education Act, 1921 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 shall continue to be in force for the purpose of selection, appointment, promotion, dismissal, removal, termination or reduction in rank of a teacher.

S.33 Power to remove Difficulties

(1) The State Government may, for the purposes of removing any difficulty, by a notified order, direct that the provisions of this Act shall, during such period as may be specified in the order, have effect subject to such adaptations, whether by way of modification, addition or omission, as it may deem to be necessary or expedient:

Provided that no such order shall be made after two years from the date of commencement of this Act.

(2) Every order made under sub-section (1) shall be laid before both the Houses of State Legislature.

(3) No order under sub-section (I) 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.

S.34 Power to make Regulations

(1) The Commission may, with the previous approval of the State Government, make or amend regulations prescribing fees for holding selections, for conducting examinations where necessary, or for holding interviews and laying down the procedure to be followed by the Commission for discharging its duties and performing its functions under this Act:

Provided that the first regulation under this sub-section shall be made by the State Government by notification in the official Gazette.

(2) The regulations made under sub-section (1) shall--

• (a) not he inconsistent with the provisions of this Act or the rules made under section 55; and
• (b) as far as possible, be followed by the Board for discharging its duties and performing its functions under this Act.

S.35 Power to make Rules

The State Government may, by notification, make rules for carrying out the purposes of this Act.

S.36 Repeal and Savings

(1) The Uttar Pradesh Secondary Education Services Commission and Selection Boards (Second) Ordinance, 1981 is hereby repealed.

(2) Notwithstanding such repeal, anything done or any action taken under the Ordinance referred to in sub-section (1) or the Uttar Pradesh Secondary Education Services Commission and Selection Boards Ordinance, 1981, shall be deemed to have been done or taken under this Act, as if this Act were in force at all material times.