UTTAR PRADESH JUNIOR HIGH SCHOOL (PAYMENT OF SALARIES OF TEACHERS AND OTHER EMPLOYEES) ACT, 1978

Act No. 06 of 1979

12th January, 1979

An Act to regulate the payment of salaries to teachers and other employees of Junior High Schools receiving aid out of the State funds and to provide for matters connected therewith. It is hereby enacted in the Twenty-ninth Year of the Republic of India as follows:

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S.1 Short title extent and commencement

(1) This Act may be called the Uttar Pradesh Junior High Schools (Payment of Salaries of Teachers and Other Employees) Act, 1978.

(2) It extends to the whole of Uttar Pradesh.

(3) It 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) "appointed day" means the date notified under sub-section (3) of section 1;
• (b) "Education Officer" means the District Basic Education Officer appointed under the Uttar Pradesh Bask Education Act, 1972 and in relation to a girls' institution, the District Basic Education Officer (Women), and in each case includes any other officer authorised by the State Government to perform all or any of the functions of the Education Officer under this Act;
• (c) "employee" of an institution means a non-teaching employee to respect of whose employment maintenance grant is paid by the State Government to the institution;
• (d) "Inspector" means the District Inspector of Schools and in relation to a girls' institution the District Inspectress of Girls' Schools, and in each, case includes any other officer authorised by the State Government to perform all or any of the functions of the Inspector under this Act;
• (e) "institution" means
  

S.3 Payment of salary within time and without unauthorized deductions

(1) Notwithstanding any contract to the contrary, the salary of a teacher or other employee of an institution in respect of any period after the appointed day, shall be paid to him before the expiry of the twentieth day, or such earlier day as the State Government may, by general or special order in that behalf, appoint, of the month next following the month in respect of which or any part of which, it is payable.

(2) The salary shall, subject to the provisions of sub-section (3), be paid without deductions of any kind except those authorised by the rules made under this 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 part of the management, the Inspector may, without prejudice to any other provisions of this Act, pay or cause to be paid within ten days from the date mentioned in that sub-section such salary from the money

S.4 Power to inspect

(1) The Education Officer, may, at any time, for the purpose of this Act, inspect or cause to be inspected any institution or call for such information and records (including registers, books of accounts and vouchers) from its management with regard to the payment of salaries to its teachers or employees or give its management any direction for the observance of such canons of financial propriety (including any direction for retrenchment of any teacher or employee 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 with, as far as possible in accordance with the provisions of the Uttar Pradesh Basic Education Act, 1972 and the rules made thereunder, or as the case may be, the conditions of service of such teacher or employee.

S.5 Procedure for payment of salary in the case of certain institutions

(1) The management of even' institution 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 Education Officer or such other officer as may be authorised by the Education Officer in that behalf :

Provided that after the account is opened, the Education Officer may, if he is, subject to any rule made under this Act, satisfied that it is expedient in public interest so to do, instruct the Bank that the account shall be operated by the representative of the management alone, and may at any time revoke such instruction :

Provided further that in the case referred to in the proviso to sub-section (2), or where a difficulty arises in the disbursement of salaries due to any default of the management, the Education Officer may instruct the Bank that the account shall be operated only by himself or by such other

S.6 Enforcement of provision and directions

(1) Where on the basis of an inspection of an institution or its records or otherwise, the Education Officer is satisfied that the management has committed default in complying with any direction given under section 4 or with the provisions of section 3 or section 5, he may through the Inspector, recommend to the Regional Deputy Director, Education, that action be taken against the institution under sub-section (2).

(2) On receipt of a recommendation under sub-section (1), the Regional Deputy Director, Education, may call upon the management to comply with the said direction or provision or to show cause, within a week why the management should not be superseded.

(3) Where the management fails to comply as aforesaid or to show cause, or the Regional Deputy Director, Education, considers the, cause shown to be insufficient he may by order supersede the management, for such period not exceeding one year as may be specified in the order, and authorise any person (hereina

S.7 Appeal

An appeal against the order of the Regional Deputy Director, Education superseding the management under sub-section (3) of section 6 may be preferred to the Director within one month from the date on which the order is communicated to the management, and the Director, either himself or any other officer appointed by him by general or special order, in that behalf, may after such further inquiry, if any, as he considers necessary, either set 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.

S.8 Power of the State Government to call for records

The State Government may call for and examine the record of any appeal decided by the Director under section 7 for the purpose of satisfying itself as to the correctness or propriety of any order passed by him, and it may pass such order thereon as it thinks fit:

Provided that no order superseding the management of the institution or extending the period of supersession thereof shall be passed under this section unless an opportunity has been given to the management to show cause against the proposed order.

S.9 Approval for posts

(1) No institution shall create a new post of teacher or other (employee, except with the previous approval of the Director of such other officer, as may be empowered by a general or special order in that behalf by the Director.

(2) If any new post is created with the previous approval referred to in sub-section (1), and no appointment is made to such post, within three months, the approval shall be deemed to have been withdrawn.

S.10 Liability in respect of salary

(1) The State Government shall be liable for payment of salaries of teachers and employees of every institution due in respect of any period after the appointed day.

(2) The State Government may recover any amount in respect of which any liability is incurred by it under sub-section (1) 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.

(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.

S.11 punishment, penalties and procedure

(1) If any default is committed in complying with any direction under section 4 or with the provisions of section 3 or section 5, every person who at the time the default was committed was manager or any other person vested with the authority to manage and conduct the affairs of the institution shall, unless he proves that the default was committed without his knowledge or that he exercised all due diligence to prevent the commission of the default, be punishable, in the case, of a default in complying with the provisions of section 3 with fine which may extend to one thousand rupees and in the case of any other default, with imprisonment which may extend to six months or with fine which may extend to one thousand rupees or with both.

(2) No court all take cognizance of any offence punishable under this section except with the previous sanction of the Regional Deputy Director Education.

(3) Every offence under this section shall be cognizable but no police officer bel

S.12 Bar of jurisdiction of court

No order made or direction given by the State Government, the Director, the Regional Deputy Director or the Education Officer or other officer in exercise of any power conferred by or under this Act shall be called in question in any court.

S.13 Exemption in relation to certain institutions

Nothing in this Act shall apply to institutions maintained by the Uttar Pradesh Board of Basic Education, Railway Administration, Cantonment Board or any other industrial undertaking owned or controlled by the Central Government or the State Government.

S.14 Protection of acts in good faith

No suit, prosecution or other legal proceedings shall be against the State Government, the Director, the Regional Deputy Director, Education, the Education Officer, the Authorised Controller or any other person in respect of anything which is in good faith done or intended to be done in pursuance of this Act or any rule, order or direction made or given thereunder.

S.15 Power to remove difficulties

(1) If any difficulty arises in giving effect to the provisions of this Act, or by reason of anything contained in this Act, the State Government may, as occasion requires, by notification, make such incidental or consequential provisions including provisions for adapting or modifying any provision of this Act or of the Uttar Pradesh Basic Education Act, 1972, or the rules made thereunder, but not affecting the substance, as it may think necessary or expedient for the purposes of this Act.

(2) No order under sub-section (1) shall be made after the expiration of a period of three years from the appointed day.

(3) Every order made under sub-section (1) shall be laid, as soon as may be, before both the Houses of the State Legislature.

S.16 Delegation

The State Government may, by notification, delegate all or any of its powers under this Act to the Director.

S.17 Power to make rules

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