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S.1 Short title and extent

(1) This Act may be called the Uttar Pradesh Basic Education Act, 1972.
(2) It extends to the whole of Uttar Pradesh.

S.2 Definitions

¹[(1) In this Act, unless the context otherwise requires, -

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(a) appointed day means the date on which the Board is established;

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(b) basic education means education up to the eighth class imparted in schools other than high schools or intermediate colleges, and the expression basic schools shall be construed accordingly;

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(c) Board means the Uttar Pradesh Board of Basic Education constituted under Section 3;

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(d) Director and District Basic Education Officers means officers appointed by the State Government as the ²[Director of Education], Uttar Pradesh and District Basic Education Officers respectively;

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[(d-1) Junior Basic S

S.3 Constitution of the Board

(1) With effect from such date as the State Government may, by notification¹ in the Gazette, appoint, there shall be established a Board to be known as the Uttar Pradesh Board of Basic Education.

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(2) The Board shall be a body corporate having perpetual succession and a common seal, with power, subject to the provisions of this Act, to acquire and to hold property and may by its name sue and be used.

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

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(a) the Director, ex officio, who shall be the chairman;

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(b) two persons to be nominated by the State Government from amongst the Adhyakshas, if any, of [Zila Panchayats established under Section 17 of the Uttar Pradesh Kshettra Panchayats and Zila Panchayats Adhiniyam, 1961;]²

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(c

S.4 Function of the Board

(1) Subject to the provisions of this Act it shall be the function of the Board to organise, co-ordinate and control the imparting of basic education and teachers' training therefor in the State, to raise its standards and to correlate it with the system of education as a whole in the State.

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(2) Without prejudice to the generality of the provisions of sub-section (1), the Board shall, in particular, have power -

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(a) to prescribe the courses of instruction and books for basic education and teachers' training therefor;

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(b) to conduct the junior high school and basic training certificate examinations and such other examinations as the State Government may from time to time by general or special order assign to it and to grant diplomas or certificates to candidates successful at such examinations;

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S.5 Conduct of Business of the Board

(1) The business of the Board and of each [***]¹ Gaon Shiksha Samiti referred to in Section 11 shall be conducted in accordance with such regulations as the Board may, with the previous approval of the State Government, make in that behalf.
(2) In particular, and without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters, namely -
(a) the summoning and holding of meetings of the Board or of [the Samiti]² referred to in sub-section (1), the conduct of business at such meetings and the number of members necessary to form a quorum thereat;
(b) the powers and duties of the Chairman and of the Secretary and other officers of the Board;
(c) [***]³.
(d) the procedure for carrying out the functions

S.6 Officers and other Employee of the Board

(1) For the purpose of enabling it efficiently to discharge its functions under this Act the Board may appoint such number of officers, teachers and other employees as it may, with the previous approval of the State Government, think fit.
(2) [ *** ]¹

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(3) [ *** ]²

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S.7 Fund of the Board

(1) The Board shall have its own fund, and all receipts of the Board shall be carried thereto and all payments for the Board shall be made therefrom.
(2) Subject to any general or special order of the State Government, the Board shall have the power, subject to the provisions of this Act, to spend such sum as it may think fit on objects or for purposes authorised by this Act.

S.8 Accounts and Audits

(1) The Board shall maintain proper accounts and other relevant records and prepare an annual statement of accounts in such form as the State Government may by general or special order specify.
(2) The Board shall prepare an annual financial statement (budget) and submit it to the State Government for its approval.
(3) The accounts of the Board shall be audited by such authority as the State Government may by general or special order specify.
(4) The accounts of the Board as certified by the audit authority together with the audit report thereon shall be forwarded annually to the State Government.

S.9 Transfer of Employees

(1) On and from the appointed day every teacher, officer and other employees serving under a local body exclusively in connection with basic schools (including any supervisory or inspecting staff) immediately before the said day shall be transferred to and become a teacher, officer or other employee of the Board and shall hold office by the same tenure, at the same remuneration and upon the same other terms and conditions of service as he would have held the same if the Board had not been constituted and shall continue to do so unless and until such tenure, remuneration and other terms and conditions are altered by the rules made by the State Government in that behalf :]¹
Provided that any service rendered under the local body by any such teacher, officer or other employee before the appointed day shall be deemed to be service rendered under the Board :
Provided further that the boar

S.9A Control of teachers and properties of Basic School

(1) Notwithstanding anything contained to the contrary in any other provisions of this Act, on and from the date of commencement of the Uttar Pradesh Basic Education (Amendment) Act, 2000, -
(a) every teacher of the basic school serving under, the Board immediately before such commencement shall be under the. administrative control of the Gram Panchayat or the Municipality, as the case may be, within whose territorial limits the basic school, is situated;
(b) all buildings, properties and assets of the Board in respect of a basic school shall stand transferred to, and vest in, the Gram Panchayat or the Municipality, as the case may be, within whose territorial limits the basic school is situated;
(c) where any building or part thereof is occupied by a tenant by the Board for the purpose of a basic school immediately before such commencement, the tenancy in re

S.10 Functions of Zila Panchayats

[10. Without prejudice to the powers and functions of Zila Panchayats under the Uttar Pradesh Kshettra Panchayats and Zila Panchayats Adhiniyam, 1961, every Zila Panchayat shall, subject to superintendence and directions of the Board or the State Government perform all or any of the following functions, namely :-
(a) to prepare schemes for the development, expansion and improvement of basic schools in the rural areas of the district;
(b) to supervise generally in such manner as may be prescribed the activities of Gram Panchayats in the district with regard to basic education;
(c) to perform such other functions pertaining to basic education as may be entrusted to it by the State Government.]¹

S.10A Functions of Municipalities

¹[10-A. Without prejudice to the powers and functions of Municipalities under the Uttar Pradesh Municipal Corporations Act, 1959 or the Uttar Pradesh Municipalities Act, 1916, as the case may be, every Municipality shall,subject to superintendence and control of the Board or the State Government, performall or any of the following functions, namely :-
(a) to establish, administer, control and manage basic schools in the Municipal area;
(b) to take all such necessary steps as may be considered necessary to ensure punctuality and attendance of teachers and other employees of basic schools;
(c) to prepare schemes for the development, expansion and improvement of such basic schools;
(d) to promote and develop basic education, non-formal education and adult education in the Municipal area;
(e) to make recommendation for minor punishment in such manner as may be prescribed on a teacher or other employee of a basic school situate within the limits of the

S.11 Gaon Siksha Samiti and its function

¹[11.(1) For each village or group of villages for which a Gram Panchayat is established under the United Provinces Panchayat Raj Act, 1947, there shall be established a committee to be known as Gaon Shiksha Samiti which shall consist of the following members, namely :-
(a) the Pradhan of the Gram Panchayat, who shall be the Chairman;
(b) three guardians of students of basic schools (of whom one guardian must be a woman) to be nominated by the Assistant Basic Education Officer;
(c) the headmaster of the basic school situated in the Gram Panchayat and if there are more than one such schools, the senior-most of the headmasters thereof, who shall be the Member-Secretary.
(2) Except as otherwise provided in any other provisions of this Act and subject to the supervision and control of the Gram Panchayat, the Gaon Shiksha Samiti shall perform

S.12 Control over Basic School

(1) The Director may, from time to time, inspect or cause to be inspected any basic school ¹[* * * * * * ] and also the records and proceedings of the local body concerning or connected with discharge of the functions of the local body in respect of basic education.
(2) The Director may direct the management of a basic school to remove any defect or deficiency found on inspection or otherwise.
(3) If the management of a basic school fails to comply with any direction made under sub-section (2), the Director may, after considering the explanation or representation, if any, given or made by the management, refer the case to the Board for withdrawal of recognition of such school.
(4) On receipt of a recommendation under sub-section (3) in respect of any basic school, the Board may withdraw the recognition of that school.]²

S.12A Ommited

S.13 Control by State Government

(1) The Board shall carry out such directions as may be issued to it from time to time by the State Government for the efficient administration of this Act.
(2) If in, or in connection with, the exercise of any of its powers and discharge of any of the functions by the Board under this Act, any dispute arises between the Board and the State Government, or between the Board and any local body, the decision of the State Government on such dispute shall be final and binding on the Board or the local body, as the case may be.
(3) The Board or any local body shall furnish to the State Government such reports, returns and other information, as the State Government may from time to time require for the purposes of this Act.

S.13A Overriding Effect

[Notwithstanding anything contained in the United Provinces Panchayat Raj Act, 1947, the Uttar Pradesh Municipalities Act, 1916 and the Uttar Pradesh Municipal Corporation Act, 1959, the provisions of this Act shall have effect.]¹

S.14 Power of delegate

(1) The State Government may delegate any of its [powers, except the power to make rules]¹ under this Act to the Director or to any other officer or authority subordinate to it subject to such conditions, if any, as may be specified.
(2) The Board may, by general or special order direct that any power exercisable by it under this Act, except the power to make regulations may also be exercised by its Chairman or by such Committee or officer, in such cases and subject to such conditions, if any, as may be specified therein.

S.15 Protection of Acts done is good faith

No suit, prosecution or other legal proceeding shall lie against the State Government or the Board or any of its Committees or any member of the Board or of a Committee 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 order or direction made thereunder.

S.16 Bar of jurisdiction of Court

No order or decision made by the Board or any of its Committees in exercise of the powers conferred by or under this Act shall be called in question in any Court.

S.17 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 in the Gazette, make such incidental or consequential provisions, including provisions for adapting or modifying any provisions of this Act or of any enactment by or under which any local body is constituted but 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 the period of two years from the date of commencement of the Uttar Pradesh Basic Education (Amendment) Act, 2000.]¹
(3) Every order made under sub-section (1) shall be laid, as soon as may be before both the Houses of the State Legislature.
[18. Provisions incorporated in the U. P. Kshettra Samitis and Zila Parishads Adhiniyam, 1961, and U. P. Municipalities Act, 1916.]²

S.18 Amendment of Acts relating to Local Bodies

(1) With effect from the appointed day the enactments mentioned in sub-sections (2) and (3) shall stand amended as specified in the said sub-sections.
(2) In the U.P. Kshettra Samitis and Zila Parishad Adhiniyam, 1961, in Section 43, in sub-section (2), for the words teachers and any other the words such other shall be substituted and in sub-section (3) clause (a) shall be omitted, and in the proviso thereto, for the words the Shiksha Chunao Samiti or Chunao Samitis as the case may be, the words the Chunao Samiti shall be substituted.
(3) In the U.P. Municipalities Act, 1916 -
(a) in Section 68, for sub-section (1) the following sub- section shall be substituted namely :
(1) A board may, and if so required by the State Government shall, by special resolution, appoint the principal officers of its technical departments such as Civil Engineer, Assistant Ci

S.18A Board to become Tenant in respect to certain Buildings

[(1) Where any building or part thereof was on the appointed day occupied as tenant by any local body for the purpose of any basic school, the tenancy in respect of such building or part shall, with effect from the said day,stand transferred in favour of the Board.
(2) Where any building or part thereof belonging to a local body was on the appointed day occupied by it for the purposes of any basic school, the Board shall, with effect from the said day, be deemed to have become licensee on behalf of the local body in respect of such building or part on such terms and conditions as .the State Government may by general or special order determine.
(3) The provisions of this section shall have effect, notwithstanding anything contained in any contract, lease or other instrument, or any law for the time being in force.]¹

S.19 Power to make Rules

[(1) The State Government may, by notification, make rules for carrying out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely -
(a) the recruitment, and the conditions of service of persons appointed to the posts of officers, teachers and other employees under Section 6;
(b) the tenure of service, remuneration and other terms and conditions of service of officers, teachers and other employees transferred to the Board under Section 9;
(c) the recruitment, and the conditions of service of the persons appointed, to the posts of teachers and other employees of basic schools recognised by the Board;
(d) any other matter for which insufficient provision exists in the Act and provision

S.20 Repeal of UP Ordinance No. 14 of 1972

The Uttar Pradesh Basic Education Ordinance, 1972 (U.P. Ordinance No. 14 of 1972), is hereby repealed.