INTERMEDIATE EDUCATION ACT, 1921

THE INTERMEDIATE EDUCATION ACT, 1921

U. P. ACT No. II OF 1921

7th January, 1922

For the establishment of a Board of High School and Intermediate Education. WHEREAS it is expedient to establish a Board to take the place of the Allahabad University in regulating and supervising the system of High School and Intermediate Education in the United Provinces, and to prescribe courses, therefor; It is hereby enacted as follows :

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S.1 Short title, extent and commencement

1. (1) This Act may be called the Intermediate Education Act, 1921.

(2) [It shall extend1 to the whole of Uttar Pradesh. ]2

(3) It shall come into force on such date3 as the 4[State Government] may, by notification in the 5[Official Gazette] direct.

Area	Act or Order under which Extended	Notification, if any, under which forced	Date from which enforced
1. Rampur District	Rampur (Application of Laws) Act, 1950	No. 810/XVII, dated Feb, 28, 1950	March 1, 1950
2. Banaras District	Banaras (Application of Laws) Order, 1949	No. 812/XVII, dated Feb. 28, 1950.	Ditto.
3. Tehri-Garhwal District	Tehri-Garhwal (Application of Laws) Order, 1950.	No. 812/XVII, dated Feb. 28, 1950.	Ditto.

1. This Act has been extended

S.2 Definitions

2. In this Act, and in all Regulations made hereunder, unless there is anything repugnant in the subject or context, —

(a) “Board” means the Board of High School and Intermediate Education ; 6
(aa) “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 ;
(aaa) “Director” means the Director of Education, Uttar Pradesh 7[and except for purposes of section 3, includes an Additional Director of Education.]
(b) “Institution” means a recognized Intermediate College, Higher Secondary School or High School, and includes, where the context so requires, a part of an institution, and ‘Head of Institution’ means the Principal or Head Master, as the case may be, of such institution. 8
(bb) “Inspector” means the District Inspector of Schools, and in relation to an institution for girls, the Regional Inspectress of Gi

S.3 Constitution of the Board

3. (1) The Board shall consist of a Chairman (which office shall be held by the Director, ex-officio) and the following other member, namely —

(a) two heads of the institution, maintained by the State Government, nominated by the State Government ;
(b) two teachers of the institutions maintained by the State Government, nominated by the State Government ;
(c) the Director, State Council of Educational Research and training Uttar Pradesh, Lucknow or a representative nominated by him;
(d) the Director, State institute of Educational Management and Training Uttar Pradesh, Allahabad or representative nominated by him;
(e) the Additional Director of Education (Correspondence), Correspondence Education Institute, Allahabad ;
(f) the Additional Director of Education, (Vocational Education) Lucknow ;
(g) two person related to Education, nominated by the State Government ;
(h) two women related to Women’s Education,

S.3-A Removal of member

3-A. The State Government may remove from the Board a member who in its opinion has so flagrantly abused his position as such member as to render his continuance on the Board detrimental to the public interest ;

Provided that the State Government shall before removing a member as aforesaid give him an opportunity of explanation and shall place on record reasons for his removal.

S.4 Term of office of members

4. (1) Member other than ex officio members shall hold office for a term of three years from the date of the notification published under sub-section (3) of section 3.

Provided that the State Government may, by notification in the official Gazette, enlarge the term of office of all such members by a period not exceeding six months at a time so however, that the enlargements, so granted, shall not in the aggregate exceed one year.

(2) A member of the Board shall cease to be such member upon his ceasing to have the capacity in which he was nominated and his place shall thereupon become vacant.

S.5 Filling of vacancies on expiry of term of office

5. The State Government shall take steps for the reconstitution of the Board the expiry of the office of members.

S.6 Omitted

S.7 Powers of the Board

7. Subject to the provisions of this Act the Board shall have the following powers, namely :–

(I) to prescribe courses of instructions, text-books, other books and instructional material, if any, for the High School and Intermediate classes in such branches of education as it thinks fit ;
(I-A) to publish or manufacture, whether to the exclusion, complete or partial, of others or otherwise all or any of such text-books, other books or instructional material ;
(2-a) to grant diplomas or certificates to persons who have pursued a course of study in an institution admitted to the privileges of recognition by the Board, or
(b) are teachers ; or
(c) have studied privately, under conditions laid down in the Regulations, and have passed the examinations of the Board under like conditions ;
(3) to conduct examinations at the end of the High School and Intermediate courses ;
(4) To recognize new self-financed High Schools an

S.7-A Recognition of an institution in any new subject or for a higher class

7-A. Notwithstanding anything contained in clause (4) of section 7 —

(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 Inspector may permit an institution to open a new section in an existing class.

S.7-AA Employment of part time teachers or part-time instructors

7-AA. (1) Notwithstanding anything contained in this Act, the management of an institution may, from its own resources, employ—

(i) as in interim measure part-time teachers for imparting instructions in any subject or group of subject or for a higher class for which recognition is given or in any section of an existing class for which permission is granted under section 7-A ;
(ii) part-time instructors to impart instructions in moral education or any trade or craft under socially useful productive work or vocational course.

(2) No recognition shall be given and no permission shall be granted under section 7-A, unless the Committee of Management furnishes such security in cash or by way of Bank guarantee to the Inspector as may be specified by the State Government from time to time.

(3) No part-time teacher shall be employed in an institution unless such conditions as may be specified by the State Government by order in this behalf are comp

S.7-AB Exemption

7-AB. Nothing in the Uttar Pradesh High School and intermediate Colleges (Payment of Salaries of Teachers and other Employees) Act, 1971 or the Uttar Pradesh Secondary Education Services Commission and Selection Boards Act, 1982, shall apply in relation to part-time teachers and part-time instructors employed in an institution under section 7-AA.

S.7-B Prohibition of Unauthorized Conferment of Diplomas and Certificates

7-B. No person shall confer, grant or issue or hold himself out entitled to confer, grant or issue any diploma or certificate or other document stating or implying that the holder, grantee or recipient has pursued a course of study, in any institution or privately, and has passed the High School or Intermediate Examination or any examination described in a manner reasonably calculated to cause it to be believed to be the High School or Intermediate Examination ;

S.7-C Bar of charging any donation for admission to an institution

7-C. 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 such institution.

S.7-D Penalty for contravention of section 7-B or section 7-C

7-D. Whoever contravenes the provisions of section 7-B or section 7-C, shall be punishable with imprisonment for a term which may extend to three years and also with fine which shall not be less than one thousand rupees 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 so punishable.

S.7-E Power of utilization of donations

7-E. 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 ledger account of such institution which shall be operated in accordance with the general or special orders of the State Government.

S.8 Exemption of certain Universities from the operation of the Act

8. Nothing in the Act shall affect the constitution, powers or functions of the Banaras Hindu University or the Aligarh Muslim University except with their consent recorded in writing.

S.9 Powers of State Government

(1) The State Government shall have the right to address the Board with reference to any of the work 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 any explanation further 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 action, it may, without making any reference to the Board under the foregoing provisions, pass such orders or take such other action consistent with the provisions of thi

S.10 Officers of the Board

10. 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.

S.11 Powers and duties of Chairman

11. (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, and shall call a meeting, at any time after due notice, on a requisition signed by not less than one-fourth of the total membership of the Board and stating the business to be brought before the meeting.

(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 Regulations.

S.12 Appointment, powers and duties of Secretary

12. (1) The Secretary shall be appointed by the state government upon such conditions and for such period as the may deem fit.

(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.

(4-A) He shall exercise such powers as are necessary for the conduct of the examinations.

(5) He shall exercise such other powers as may be prescribed by the Regulations.

S.13 Appointment and constitution of Committees

13. (1) The Board shall appoint the following Committees and different committees may be appointed for different areas of the State, namely :—

(a) Curriculum Committee,
(b) Examinations Committee,
(c) Results Committee,
(d) Recognition Committee; and
(e) Finance Committee.

(2) Such Committees shall consist of the members of the Board only :

Provided that no member of the Board shall be the member of more than one kind of Committee of these Committees and the members of the Committees shall hold office as such till they are members of the Board.

(3) In addition to the committees mentioned in sub-section (1), the Board shall appoint such other committees, if any, as may be prescribed and different such committees may be appointed for different areas.

(4) These additional committees shall be constituted in such manner and the term of members of such committees shall be such as may be prescribed.

S.14 Exercise of power delegated by board to Committees

14. 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 any one of its Committees shall stand referred to that Committee, and the Board before exercising any such powers shall receive and consider the report of the Committee with respect to the matter in question.

S.14-A Status of Superintendent and Invigilator

14-A. (1) A Superintendent of a Centre and an invigilator shall be deemed to be a public servant under section 21 of the Indian Penal Code, 1860 during the course of examination or examinations conducted by the Board and for a period of one month prior to the commencement of, and of two months immediately following, such examination or examinations.

(2) An assault on, or use of criminal force to, a Superintendent of a Centre or an invigilator during the period mentioned in sub-section (1) shall be deemed to be an obstruction voluntarily caused to a public servant in the discharge of his public functions and shall be a cognizable offence.

S.15 Power of Board to make Regulations

15. (1) The Board may make Regulations for the purpose of carrying into effect the provisions of this Act.

(2) In particular and without prejudice to the generality of the foregoing power the Board may make Regulations providing 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 of the Board ;
(g) the conduct of examinations ;
(h) the appointment of examiners and their duties and powers in relation to the Board’s examinations ;
(i) th

S.16 Previous publication and sanction of Regulations made by Board

16. (1) Regulations under section 15 shall be made only with the previous sanction of the State Government and shall be published in the Gazette.

(2) The State Government may sanction any such regulation proposed by the Board either without modification or with such modification as it thinks fit.

S.16-A Scheme of Administration

16-A. (1) Notwithstanding anything in any law, document, or decree or order of a Court or other instrument, there shall be a Scheme of Administration (hereinafter referred to as the Scheme of Administration ) for every State Government Aided Institution, whether recognized before or after the commencement of the Intermediate Education(Amendment) Act, 1958. 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 committee or exercise his right to vote whenever a charge concernin

S.16-B Preparation of Scheme

16-B. (1) In the case of an institution already recognized at the date of the commencement of the Intermediate Education (Amendment) Act, 1958, a draft of the Scheme of Administration shall be prepared and submitted to the Director for his approval in accordance with section 16-C within six months from the said commencement and in all other cases along with the application for recognition.

(2) If an institution which is already recognized at the commencement of the Intermediate Education (Amendment) Act, 1958, fails to comply with the provision of sub-section (1) within the period provided therefor, the Director shall send a notice to such institution requiring it to submit the Scheme of Administration within a further period of three months :

Provided that on a representation by the institution prior to the expiry of the extended period the Director may in his discretion allow a further extension for a period of three months.

(3) If the Scheme of Administratio

S.16-C Approval of Scheme

16-C. (1) Subject to the provisions of this Act the Director shall within such period of time as may be prescribed, either approve the draft Scheme of Administration submitted under section 16-B, or suggest any alteration or modification therein. Whenever the Director shall so suggest any alteration or modification in the Scheme of Administration he shall send a copy of the same to the institution giving his reasons therefor and affording an opportunity to the institution to make a representation, within such period of time as may be prescribed:

Provided that if the Director does not suggest any alteration or modification in the Draft Scheme of Administration within the period of time prescribed by regulations, the Draft Scheme of Administration shall be deemed to have been approved.

(2) The Director shall consider any representation made in accordance with the provision of sub-section (1) and may approve the Scheme of Administration in its original form or subject to

S.16-CC Consistency with Third Schedule

16-CC. The Scheme of Administration in relation to any institution whether recognized before or after the commencement of the Intermediate Education (Amendment) Act, 1980, shall not be inconsistent with the principles laid down in the Third Schedule.

S.16-CCC Amendment of existing Scheme

16-CCC. (1) Where in relation to any institution, the Scheme of Administration has been or deemed to have been approved under section 16-A or section 16-B or section 16-C. at any time before the commencement of the Intermediate Education (Amendment) Act, 1980, and such Scheme of Administration is inconsistent with the provisions of this Act, the Director shall send, within a period of three years from such commencement, a notice to such institution suggesting any alteration or modification therein and requiring the institution to submit a fresh Scheme of Administration or to amend or alter the existing Scheme.

(2) While making any suggestion in the Scheme of Administration under sub-section (1), the Director shall give his reasons therefor 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 made in accordance with sub-section (2) and ma

S.16-D Inspection and Authorized Controller

16-D. (1) The Director may cause a recognized institution to be inspected from time to time.

(2) The Director may direct a management to remove any defect or deficiency found on inspection or otherwise.

(3) 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 the maintenance of academic standard in the institution or has appointed or retained in service any teaching or non-teaching staff in contravention of the provisions of this Act or the Regulations ; or
(iii) any dispute with respect to the right claimed by different persons to be lawful office-bearers of the Committee of Management has affected

S.16-DD Powers of Authorized Controller

16-DD. (1) Wherever an Authorized Controller is appointed under sub-section (4) or sub-section (8) of section 16-D —

(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 all such powers and authority as the Committee would have if the institution and its properties were not taken over under the said sub-sections ;
(b) every person in whose possession, custody or control any property of the institution may be, shall deliver such property to the Authorized Controller forthwith.

(2) Every person who on the date of the order referred to in sub-section (4) or sub-section (8) of section 16-D has in his possession or control any books or other documents relating to the institution or to its property shall be liable to account for the said books and other documents to the Authorized Controller

S.16-E Procedure for selection of teachers and head of institutions

16-E. (1) Subject to the provisions of this Act, the Head of Institution and teachers of an institution shall 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 recruitment after intimation of the vacancy to the Inspector and advertisement of the vacancy containing such particulars as may be prescribed, in at least two newspapers having adequate circulation in the State.

(3) No person shall be appointed as Head of Institution or teacher in an institution unless he possesses the minimum qualifications prescribed by the regulations :

Provided that a person who does not possess such qualification may also be appointed if he has been granted exemption by the Board having regard to his education, experience and other attainments.

(4) Every application for appointment as Head o

S.16-EE Absorption of retrenched employees

16-EE. (1) Where any employee of an institution has been retrenched on or after July 1, 1974 but before the commencement of the Intermediate Education (Amendment) Act, 1980, and such employee possesses minimum qualifications prescribed therefor on the date of initial appointment the Regional Deputy Director of Education shall, on an application made in this behalf, direct that subject to the provisions of this section, such employee be absorbed against any permanent vacancy occurring in the same or any other institution situate in any district within his jurisdiction :

Provided that in the case of an employee retrenched on or after the date of such commencement the Regional Deputy Director of Education may issue directions under this section without any application from the employee concerned.

(2) Every application referred to in sub-section (1) shall be made within six months from the date of commencement of the Intermediate Education (Amendment) Act, 1980.

S.16-F Selection Committees

16-F. (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 of the Committee of Management other than the one referred to in clause (i), nominated by it in this behalf ;
(iii) three experts nominated by the Regional Deputy 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 —

(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) the Head of such in

S.16-FF Savings to minority institutions

16-FF. (1) Notwithstanding anything in sub-section (4) of section 16-E, and section 16-F, 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 (I) 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 Committee referred to in sub-section (1) shall be such as may be prescribed.

(3) No person selected under this section shall be appointed, unless —

(a) in the case of the

S.16-FFF Provisions for assistance during examination

16-FFF. (1) For the conduct of Board’s 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 sub-section (1), he may, for the conduct of Board’s 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 appear to him to be necessary therefor

S.16-G Conditions of service of Head of Institutions, teacher and other employees

16-G. (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 management 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 ;
(b) the scales of pay, and payment of salaries ;
(c) transfer of service from one recognized institution to another,
(d) grant of lea

S.16-H Exemption of certain classes of institutions from the operation of certain sections

16-H. (1) The provisions of sections 16-A, 16-B, 16-C, sub-section (2) to sub-section (13) of section 16-D and of sections 16-E, 16-F and 16-G, shall not apply to recognized institutions 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 (1) 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 notwithstanding anything inconsistent therewith contained in any other law for the time being in force.

S.16-I Delegation of powers

16-I. 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 exercises as Chairman of the Board, to an officer or officers of the Education Department not lower in rank than a Deputy Director of Education.

S.17 Omitted

S.18 Casual vacancies

18. All casual vacancies among the members (other than ex officio members) of the Board or of a Committee appointed by the Board shall be filled as soon as conveniently may be by the person or body who elected or nominated to a casual vacancy shall be a member of the Board or Committee for the residue of the term for which the person whose place he fills would have been a member.

S.19 Proceedings not invalidated by reason of vacancies

19. No act or proceedings of the Board or of a Committee appointed by it shall be invalidated merely by reason of the existence of a vacancy or vacancies among its members.

S.20 Power of Board and its Committees to make bye-laws

20. (1) The Board and its Committees may make bye-laws providing for all matters which, consistently with this Act, and the Regulations, are to be prescribed by bye-laws ; and providing for all other matters solely concerning the Board and its Committees and not provided for by this Act and the Regulations.

(2) The Board and its Committees shall make bye-laws providing for the giving of notice to the members of the Board or Committee of the dates of meetings, and of the business to be considered at meetings, and for the keeping of a record of the proceedings of meetings.

(3) The Board may direct the amendment of rescission of any bye-law made by a Committee under this section, and the Committee shall give effect to any such direction.

S.21 Protection for acts done, etc. in good faith

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

S.22 Bar or Jurisdiction of Courts

22. No order or decision made by the Board or any of its committees it exercise of the powers conferred by or under this Act shall be called in question in any court.