UTTAR PRADESH SECONDARY EDUCATION SERVICES SELECTION BOARDS ACT, 1982

Act No. 05 of 1982

An Act to establish Secondary Education [Services Selection Boards] for the selection of teachers in institutions recognised under the Intermediate Education Act, 1921.

Read full Act

S.1 Short Title and Commencement

(1) This Act may be called the Uttar Pradesh Secondary Education Services 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.

1 . Substituted by U.P. Act No. 25 of 1998 (w.e.f. 27-7-1998).

S.2 Definitions

In this Act-

• 1 [(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 Chairman, for the time being, the functions of the Chairman;)
• (c) 2 [* * *]
• (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 Schools and in relation to an institution for girls, the Regional Inspectress of Girls Schools;
• (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 committe
  

S.3 Establishment of the Board

1 [3. Establishment of the Board

(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 powers throughout Uttar Pradesh and its headquarters shall be at Allahabad.

(3) The Uttar Pradesh Secondary Education Services 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:

S.4 Composition of the Board

1 [ 2 ["4. Composition of the Board

(1) The Board shall consist of a chairman and ten members Composition who shall be appointed by the State Government, of the Board.

(2) A person shall not be qualified for a 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 in the opinion of the State Government an outstanding officer or the Administrative service not below the rank of secretary to the State Government or Director of Education, Uttar Pradesh.
• 3 [(c) is in the opinion of the state government an eminent person having made valuable contribution in the field of education.

(3) Of the members,-

• (a) two shall be persons who are educationist having made significant contribution in the field of education;
• (b) two shall be persons who are or have been, in the opinion of the State Government, an outstanding officer of the State Ed
  

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

1 [5. Term of Office and Conditions of Service of members

(1) Subject to the provisions of this Act, [the chairman shall hold office for a term of five years and every Member shall hold office for a term of 2 [Two 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 and conditions of their service shall be such as the State Government may be order, direct.

3 ["(5) Notwithstanding anything contained in this section, no person shall hold office as the Chairman if he has attained the age of sixty-eight years and no person shall hold office as a member if he has attained the age of sixty-two years".

4 ["(6) The provisions of sub-section (1) as amended by the Uttar Pradesh Second

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

1 [6. Powers of the State Government to remove the Member

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

• (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 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

S.7 Power to Associate

1 [7. Power to Associate

The Board 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.]

1 . Chapter II containing Section 7 have been inserted by 'Act No. 15 of 1995 (w.e.f. 28-12-1994) and substituted again by U.P. Act No. 25 of 1998 (w.e.f. 20-4-1998).

S.8 Staff of the Board

1 [8. Staff of the Board

(1) The Secretary of the Board 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 Board 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 Board thinks fit.]

1 . Chapter II containing Section 8 have been inserted by 'Act No. 15 of 1995 (w.e.f. 28-12-1994) and substituted again by U.P. Act No. 25 of 1998 (w.e.f. 20-4-1998).

S.9 Powers and duties of the Board

1 [9. Powers and duties of the Board

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 informations from institutions regarding strength of the teaching staff and the appointment, 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 fun
  

S.10 Procedure of Selection by Direct Recruitment

1 [10. Procedure of Selection by Direct Recruitment

(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 Institution, also the number of vacancies to be reserved for the candidates belonging to the Scheduled Castes, the Scheduled Tribes 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 direct recruitment 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

S.11 Panel of Candidates

1 [11. Panel of Candidates

(1) The Board shall, as soon as may be, after the vacancy is notified under sub-section (1) of Section 10, hold examinations, where necessary, and 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 intimate the Management of the Institution the names of the selected candidates in respect of the vacancies notified 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 institut

S.Chapter II ESTABLISHMENT AND FUNCTIONS OF THE BOARD

S.Chapter III PROCEDURE OF SELECTION BY PROMOTION

S.12 Procedure of Selection by Promotion

1 [12. Procedure of Selection by Promotion

(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 in the region: - Member
• (iii) Concerned District Inspector of School - Member/Secretary

(2) The procedure of selection of candidates for promotion to the post or a teacher shall be such as may be prescribed.]

1 . Chapter III containing Section 12 have been omitted by U.P. Act 15 of 1995 (w.e.f. 28-12-94) and Section 12 again inserted by UP Act No. 25 of 1998 (27-7-1998).

S.12A Omitted

1 [12A. Omitted

[***]]

1 . Chapter III containing Section 12-A have been omitted by U.P. Act 15 of 1995 (w.e.f. 28-12-94)

S.12B Omitted

1 [12B. Omitted

[***]]

1 . Chapter III containing Section 12-B have been omitted by U.P. Act 15 of 1995 (w.e.f. 28-12-94)

S.12C Omitted

1 [12C. Omiited

[***]]

1 . Chapter III containing Section 12C have been omitted by U.P. Act 15 of 1995 (w.e.f. 28-12-94)

S.13 Omitted

1 [13. Omiited

[***]]

1 . Chapter III containing Section 13 have been omitted by U.P. Act 15 of 1995 (w.e.f. 28-12-94)

S.14 Omitted

1 [14. Omiited

[Omitted]]

1 . Chapter III containing Section 14 have been omitted by U.P. Act 15 of 1995 (w.e.f. 28-12-94)

S.15 Omitted

1 [15. Omiited

[***]]

1 . Chapter III containing Section 15 have been omitted by U.P. Act 15 of 1995 (w.e.f. 28-12-94)

S.15A Omitted

1 [15A. Omiited

[Omitted]]

1 . Chapter III containing Section 15A have been omitted by U.P. Act 15 of 1995 (w.e.f. 28-12-94)

S.15B Omitted

1 [15B. Omiited

[***]]

1 . Chapter III containing Section 15-B have been omitted by U.P. Act 15 of 1995 (w.e.f. 28-12-94)

S.16 Appointment to be made only on the Recommendation of the Board

(1) Notwithstanding anything to the contrary contained the Intermediate Education Act, 1921 or the regulations made thereunder but 1 [subject to the provisions of 2 Sections 12, 18, 21-B, 21-C, 21-D, [21-E, 21-F, 21-G, 33, 33-A, 33-B, 33-C, 33-D, 33-F and 33-G"], every appointment of a teacher, shall on or after the date of the commencement of the Utter Pradesh Secondary Education Services Selection Board (Amendment Act, 2001 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 mutatis mutandis apply.

Provide further that the appointment of a teacher by transfer 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.

3 [Provided also that the dependent, of a teacher or other employee of an Instituti

S.17 Inquiry by Director

(1) Where any person is entitled to be appointed as a teacher in any institution in accordance with 1 [Chapter II], but he is not so appointed by the management within the time provided therefore, he may apply to the Director or any Officer authorised by him for a direction under sub-section (2).

(2) As far as may be within one month from the date of 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 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 his as a teacher.

(3) The amount of salary, if any, due to such teacher shall, on a certificate issued by the Director or the off

S.18 Ad hoc Principals or Headmasters

1 [18. Ad hoc Principals or Headmasters

(1) Where the Management has notified a vacancy to the Board, in accordance with sub-section (1) of Section 10 and the post of the Principal or the Headmaster actually remained vacant for more than two months, the management shall fill such vacancy on purely ad hoc basis by promoting the senior most teacher.

• (a) in the lecturer's grade in respect of a vacancy in the post of the Principal.
• (b) in the trained graduate's grade in respect of a vacancy in the post of the Headmaster.

(2) Where the Management fails to promote the senior-most teacher under sub-section (1) the inspector shall himself issue the order of promotion of such teacher and the teacher concerned shall be entitled to get his salary as the Principal or the Headmaster, as the case may be, from the date he joins such post is pursuance of such order of promotion.

(3) Where the teacher to whom the order of promotion is issued under s

S.19 Power to Call for Information, etc

The 1 [Board] may require the management of an Institution to furnish such information or return regarding the matters referred to in [Section 9], as it thinks fit, and the management shall be bound to comply with the same].

1 . Substituted by U.P. Act 25 of 1998 (w.e.f. 20-4-1998).

S.20 Power to Inspect Record, Register, etc

The Secretary of the Board or any other person authorised by the 1 [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.

1 . Substituted by U.P. Act 25 of 1998 (w.e.f. 20-4-1998).

S.21 Restriction on Dismissal etc. of Teachers

1 [The Management shall not, except with the prior approval of the 2 [Board], 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 withhold his increment for any period (whether temporarily or permanently) and any such thing done without such prior approval shall be void.]

1 . 23. Substituted by U.P. Act 25 of 1998 (w.e.f. 20-4-1998).

2 . 24. Substituted by U.P. Act 25 of 1998 (w.e.f. 20-4-1998).

S.Chapter IVA RESERVE POOL TEACHERS

S.21A Definitions

In this Chapter-

• (a) 'Director means the Director of Education, Uttar Pradesh and includes any other officer authorised by him in this behalf,
• (b) the expressions 'Inspector', Institution', Management and Teacher' shall have the meaning respectively assigned to them in the Uttar Pradesh High Schools and Intermediate Colleges (Payment of salaries of teachers and other employees) Act, 1971 1 provided that 'teacher' shall not include a principal or a headmaster.

1 . See U.P. High School Intermediate College (Payment of Salaries to Teachers and other Employees) Rules, 1993 under the Heading 'Salary' appended with this book.

S.21B Absorption of Reserve Pool Teachers

(1) The Inspector shall maintain in the prescribed manner, a register of 'reserve pool teachers' consisting of subject wise lists of 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 Teacher and other Employees) Act, 1971 1 while the Uttar Pradesh High Schools and Intermediate Colleges (Payment of Salaries of Teachers and other Employees), 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 Schools and Intermediate Colleges (Reserve Pool Teachers) Ordinance, 1978 (U.P, Ordinance No. 10 of 19

S.21C Power of Director regarding Transfer

(1) Where the vacancies 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.

S.21D Appointment of Teachers on default by Management

(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 date he submits the said report.

S.21E Absorption of Subject Experts

1 [21E. Absorption of Subject Experts

(1) There shall be a list of subject experts working in private aided secondary schools possessing prescribed educational and training qualification including the subject experts, who have received honorarium and worked for a minimum period of two academic sessions and were working on September 30, 2006. The list shall be maintained by the Director in such manner as may be prescribed.

(2) 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 subject expert whose name is included in the list referred to in sub-section (1).

(3) Where any subject expert who is offered an appointment in accordance with the provision of sub-section (2) fails to join the post within the time allowed, which shall not be less than seven days, his name shall be removed from the list referred to in sub-section

S.21F Appointment of teachers on default by Management

1 [21F. Appointment of teachers on default by Management

(1) Where the management fails to offer any post to a subject expert in accordance with the provisions of sub-section (3) of Section 21-E within the time specified by the Inspector, the inspector, may himself issue the letter of appointment to such subject expert and the subject expert concerned shall be entitled to get his salary as teacher from the date he joins the post in pursuance of such letter of appointment.

(2) Where the subject expert 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 subject expert may submit his joining report to the Inspector, and shall thereupon be entitled to get his salary from the date he submits the said report.]

1 . New Section 21-F Inserted by U.P. Act No. 37 of 2006. Published in U.P. Gazette Extra Part 1 Section (Ka), dated 11 December, 2006.

S.21G Reconning of Services rendered as Subject Expert in Certain Cases

1 [21G. Reconning of Services rendered as Subject Expert in Certain Cases

The services rendered as subject expert in private aided Secondary Schools, shall be added to the services after adjustment on substantive vacancy to be filled by direct recruitment in notional way (without any financial gain) for administrative interest. Services rendered by subject expert on contractual basis shall in no way be reckoned as qualifying service for retirement benefits.]

1 . New Section 21-G Inserted by U.P. Act No. 21 of 2014. Published in U.P. Gazette 2. Extra Part I Section (Ka) dated 4 December, 2014 (w.e.f. 20-8-2014).

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 1 [the Board], 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.

1 . Substituted by U.P. Act 25 of 1998 (w.e.f. 20-4-1998).

S.23 Punishment for Failure to furnish Information or Willful Obstruction

If any person-

• (a) willfully withholds or fails to furnish any return or information lawfully required by 1 [* * *]the 2 [Board] within the time allowed therefor; or
• (b) willfully 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 with both.

1 . Omitted by U.P. Act No. I of 1993 (w.e.f. 7-8-93)

2 . Substituted by U.P. Act 25 of 1998 (w.e.f. 20-4-1998).

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 their 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 membe

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 Proceedings not to be Invalidated

No act or proceeding of the 1 [* * * the 2 [Board] shall be deemed to be invalid merely on the ground of-

• (a) any vacancy or, defect in the constitution of the 3 [* * *] the 4 [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 or proceeding not affecting the substance.

1 . Omitted by U.P. Act No. 1 of 1993 (w.e.f. 7-8-93).

2 . Substituted by U.P. Act No. 25 of 1998 (w.e.f. 20-4-98).

3 . Omitted by U.P. Act No. I of 1993 (w.e.f. 7-8-93).

4 . Substituted by U.P. Act 25 of 1998 (w.e.f. 20-4-1998).

S.27 Authentication of the Orders

1 [27. Authentication of the Orders

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 2 [Board].

1 . Substituted by U.P. Act No. 15 of 1995 (w.e.f. 28-12-94).

2 . Substituted by U.P. Act No. 25 of 1998 (w.e.f. 20-4-1998).

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 Board established under this Act as they apply to the Board established under that Act.

S.29 Delegation

1 [29. Delegation

The Board 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 2 [Board] including the powers with regard to the expenditure incurred in connection with the maintenance of the office and internal administration of the 2 [Board]

1 . Inserted by U.P. Act No. 15 of 1995 (w.e.f. 28-12-94).

2 . Amended by U.P. Act No. 25 of 1998 (w.e.f. 27-07-1998).

S.30 Exemption to Minority Institutions

Nothing in this Act shall apply to any 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 proceedings 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 1 [or the rules or regulations made thereunder] shall continue to be in force for the purposes of selection, appointment, promotion, dismissal, removal, termination or reduction in rank of a teacher.

1 . Substituted by U.P. Act No. 15 of 195 (w.e.f. 28 12 1994).

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:

1 [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.]

(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.

1 . Substituted by U.P. Act No. 15 of 1995 (w.e.f. 28-12-1994).

S.33A Regularisation of Certain Appointments

(1) Every teacher directly appointed, before the commencement of the Uttar Pradesh Secondary Education Services Commission and Selection Boards (Amendment) Ordinance, 1985, on ad hoc basis against a substantive vacancy in accordance 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 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 institution from the date of such appointment up to the date of such commencement.

1 [(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 Services Commission (Remo

S.33B Regularisation of Certain other Appointments

1 [(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 Services 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, 2 [as it stood before
  

S.33C Regularisation of Certain more Appointments

1 [33C. Regularisation of Certain more Appointments

(1) Any teacher who,-

• (a) (i) was appointed by promotion or by direct recruitment on or after May 14,1991 but not later than August 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 subs
  

S.33D Special Provision for Certificate of Teaching Grade Teachers

1 [33D. Special Provision for Certificate of Teaching Grade Teachers

Every teacher in the Certificate of Teaching grade, who is a trained graduate and,-

• (a) has completed ten years continuous satisfactory service in the said grade on or before January 1, 1986 shall, with effect from January 1, 1986; or
• (b) completes the said service of ten years after January 1, 1986 shall, with effect from the date of completion of the said service of ten years; be deemed to have been appointed in the Trained Graduate Grade].

1 . Section 33-D Inserted by U.P. Act No. 25 of 1998 (w.e.f. 20-4-1998).

S.33E Rescission of Orders

1 [33E. Rescission of Orders

The Uttar Pradesh Secondary Education Services Commission (Removal of Difficulties) Order, 1981, the Uttar Pradesh Secondary Education Services Commission (Removal of Difficulties) (Second) Order, 1981, the Uttar Pradesh Secondary Education Services Commission (Removal of Difficulties) (Third] Order, 1982 and the Uttar Pradesh Secondary Education Services Commission (Removal of Difficulties) (Fourth) Order, 1982 are hereby rescinded.]

1 . Inserted by Act No. 13 of 1999 (w.e.f. 25-1-1999).

S.33F Regularisation of Appointment against Short Term Vacancies

1 [33F. Regularisation of Appointment against Short Term Vacancies

(1) Any teacher who,-

• (a) was appointed by promotion or by direct recruitment in the lecturer's grade or trained graduates grade on or after May 14, 1991 but not later than August 6, 1993 against a short term vacancy in accordance with Paragraph 2 of the Uttar Pradesh Secondary Education Services Commission (Removal of Difficulties) (Second) Order, 1981, as amended from time to time, and such vacancy was subsequently converted into a substantive vacancy;
• (b) possesses the qualification 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 upto the date of the commencement of the Uttar Pradesh Secondary Education Services Selection Board (Amendment) Act, 2001;
• (d) has been found suitable for appointment in a s
  

S.33G Regularisation of Certain more Appointments against Short Term Vacancies

1 [33G. Regularisation of Certain more Appointments against Short Term Vacancies

(1) Any teacher, other than the Principal or the Headmaster, who-

• (a) was appointed by promotion or by direct recruitment in the lecturer's grade or trained graduate grade on or after August 7, 1993, but not later than January 25, 1999 against a short term vacancy in accordance with paragraph 2 of the Uttar Pradesh Secondary Education Services Commission (Removal of Difficulties) (Second) Order, 1981, as amended from time to time, and such vacancy was subsequently converted into