The UTTAR PRADESH EDUCATION SERVICE SELECTION COMMISSION ACT, 2023
This Act may be called the Uttar Pradesh Education Service Selection Commission Act, 2023.
In this Act, unless the context otherwise requires,-
a. "Appointing Authority" means the authority empowered to make appointment in the relevant Acts/service rules/University Statutes, as the case may be ;
b. "Authorized Officer" means the Director or any other person authorized by the State Government for this purpose ;
c. "Board" means the Uttar Pradesh Board of Secondary Education, Prayagraj, or the Uttar Pradesh Basic Education Board, Prayagraj, or the State Council for Vocation
(1) With effect from such date as the State Government may by notification appoint in this behalf, there shall be established a Commission to be called the "Uttar Pradesh Education Service Selection Commission."
(2) The Commission shall be a body corporate. It shall exercise powers throughout the State of Uttar Pradesh and its headquarter shall be at Prayagraj.
(1) The Commission shall consist of a Chairperson and twelve members who shall be appointed by the State Government.
(2) A person shall be qualified for appointment as Chairperson if he/she-
1[(a) is holding or has held the post of Principal Secretary to the State
Government or a post equivalent thereto; or]
b. is or has been a Vice-Chancellor of any University established by law; or
c
(1) Subject to the provisions of this Act, the Chairperson shall hold office for a term of three years from the date of appointment and shall not hold office as such after attaining the age of sixty-five years, whichever is earlier. Subject to the provisions of this Act, the Member shall hold office for a term of three years from the date of appointment and shall not hold office as such after attaining the age of sixty-five years, whichever is earlier.
(2) No person shall be a Chairperson or member for more than two terms.
(3) A Chairperson or member may resign from his/her office by writing under his/her hand addressed to the State Government, but he/she shall continue in office until his/her resignation is acce
(1) The State Government may, by order, remove from office the Chairperson or any member, if he -
a. is adjudged insolvent by a Court; 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
The Commission may associate with itself, in such manner and for such purpose, any person whose assistance or advice it may desire to have in carrying out any of the provisions of this Act.
(1) The Secretary, the Controller of Examinations, the Controller of Finance, and the Deputy Secretary of the Commission shall be appointed by the State Government on deputation for a term not exceeding three years, and other conditions of his service shall be such as the State Government may, by order, determine.
(2) Subject to such directions as may be issued by the State Government in this behalf, the Commission may appoint such other employees as it may deem necessary for the efficient performance of its functions under this Act and on such terms and conditions of service as it deems fit.
The Commission shall have the following powers and duties, namely:-
a. to prepare guidelines on matters relating to the method of direct recruitment of teachers or instructors;
b. to conduct examinations, where necessary, and hold interviews and select candidates for appointment as teachers or instructors;
c. to conduct and organize the Uttar Pradesh Teacher Eligibility Test;
(1) For the purpose of making an appointment of a teacher or instructor by direct recruitment, the Appointing Authority or Management or Authorized Officer 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 determine 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 (U.P. Act no. 4 of 1994), and persons belonging to economically weaker sections in accordance with the Uttar Pradesh Public Services (Reservation for Economically Weaker Sections) Act, 2020 (U.P. Act no. 10 of 2020) and other directions issued by the Government from time to
(1) The Commission shall, as soon as may be, after a vacancy is notified under sub-section (1) of section 10, conduct, wherever necessary, examinations or interviews or conduct the examination and interview of the candidates and prepare a panel/list of those found most suitable for appointment.
(2) The panel referred to in sub-section (1) shall be forwarded to the prescribed officer or Authorized Officer 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 prescribed officer or Authorized Officer shall, in the prescribed manner, intimate the Appointing Authority of the names of the selected candidates in respect of the vac
Every appointment of a teacher or instructor shall be made by the Appointing Authority only on the recommendation of the Commission, and any appointment made in contravention of the provisions of this Act shall be void:
Provided that the appointment of a teacher or instructor by transfer from one institution to another or by promotion in any institution or the appointment of a teacher or instructor as a dependent of an employee dying in harness cases may be made as per the provisions given in the relevant Acts or rules or regulations.
(1) Where any person, in accordance with the provisions of this Act, is entitled to be appointed as a teacher or instructor but is not so appointed by the Appointing Authority within the time provided for the same, he may appeal to the Director or any officer authorized by him for a direction under sub-section (2) of this section.
(2) As far as may be within one month from the date of receipt of an application under sub-section (1), the Director or an officer authorized by him may hold an inquiry, and if he is satisfied that the Appointing Authority has failed to appoint the applicant as a teacher or instructor as per the provisions of this Act, he may, by order, direct -
a. t
If any selected candidate recommended by the Commission in the panel/list sent under the provisions of section 11 fails to join the allowed Institution due to erroneous requisition or appointment of a dependent of an employee dying in harness or any order of the Honourble Supreme Court or High Court or abolition of the post, or any other reason (the Management is to mention the specific reason), the following procedure shall be adopted :-
a. Concerned selected candidate shall submit his representation before the Director, mentioning the reasons for him not taking charge;
b. The Director shall, after detailed enquiry on the representation
The Commission may require to furnish such information or return regarding the matters referred to in section 9 as it thinks fit, from the Authorized Officer through State Government and the Authorized Officer shall accordingly comply with the same.
The conditions of service of teacher or instructor can be decided as per the provisions given in the relevant Acts/ Service Rules/ Regulations/ University Statutes, as the case may be.
(1) The financial management of the Commission shall be done in accordance with the rules laid down in Financial Handbook, Volumes 1, 2, 3 and 5:
Provided that the Commission may, with prior approval of the State Government, frame special regulations in respect of such matters as it may consider necessary.
(2) The expenditure of the Commission shall be incurred from the grants given by the State Government and receipts by way of fees, etc., in accordance with rules mentioned in sub-section (1) and that of the State Government, if any. A person who incurs expenditure in violation of the rules referred to in sub-section (1) or orders of the State Government, if any, shall be personally liable.
The Commission shall prepare annually, in such form and at such time as may be prescribed, an annual report giving an accurate and complete account of its activities during the previous year, and copies thereof shall be forwarded to the State Government and the State Government shall cause the same to be laid before both the Houses of the State Legislature.
(1) The Commission shall cause to be maintained such books of accounts and other books in relation to its account, in such form and in such manner as the State Government may, by general or special order, direct.
(2) The Commission shall, as soon as possible after closing its annual accounts, prepare a Statement of Accounts in such form and forward the same to the Accountant General by such date as the State Government may, in consultation with the Accountant General determine, for audit under section 14 of the Comptroller and Auditor Generals (Duties, Powers and Conditions of Service) Act, 1971 (Act no. 56 of 1971).
(3) The annual accounts of the Commission, together with the audit report thereon, shall be forwar
Any entity, which means Appointing Authority, Management and Institution, failing to comply with the recommendations of the Commission or which fails to comply with the order or direction of the Director under section 13, or appoints a teacher in contravention of the provisions of this Act, shall be liable to legal action.
No suit, prosecution or other legal proceeding shall lie against any person for anything which is in good faith done or intended to be done in pursuance of the provisions of this Act.
No prosecution for any offence under this Act shall be instituted without the previous sanction of the Director or such officer or authority as the State Government may, by general or special order, specify in this behalf.
No act or proceeding of the Commission shall be deemed to be invalid merely on the ground of:
a. any vacancy in, or defect in, the constitution of the Commission; or
b. any defect or irregularity in the appointment of any person acting as a member thereof; or
c. any defect or irregularity in such act or proceeding not having any material effect.
All orders and decisions of the Commission shall be authenticated by the signature of the Secretary appointed under section 8 or any other officer authorized by the Commission.
The Commission may, by regulations made under section 28, confer on its Chairperson or any member or officer, the power to delegate the general superintendence of and directions in connection with the work done by or in the Commission, including the expenditure incurred for maintenance of office and the internal administration of the Commission.
To make the Commission function practically, the staff of the Uttar Pradesh Higher Education Service Commission and the Uttar Pradesh Secondary Education Service Selection Board will be transferred to the Commission. In the course of time, after the abolition of the Uttar Pradesh Higher Education Service Commission and Uttar Pradesh Secondary Education Service Selection Board, any matter pending before them, their assets, loans, liabilities, obligations and services of full-time employees will be transferred to the Commission.
(1) The State Government shall, by notification in the Gazette, make rules for carrying out the purposes of this Act.
(2) All rules made under this Act shall, as soon as may be after they are made, be laid before each House of the State Legislature, while it is in session, for a total period of fourteen days which may be comprised in its one session or in two or more successive sessions and shall, unless some later date is appointed, take effect from the date of their publication in the Gazette subject to such modifications or annulments as the two Houses of the Legislature may agree to make, so however, that any such modification or annulment shall be without prejudice to the validity of anything previously done thereunder.
(1) The Commission may, with the prior approval of the State Government, make or amend regulations prescribing fees for holding examinations, for conducting interviews, and for laying down the procedure to be followed by the Commission for discharging its duties and performing its functions under this Act.
(2) The regulations made under sub-section (1) shall not be inconsistent with the provisions of this Act and the rules made thereunder.
(1) The State Government may, for the purposes of removing any difficulty, by a notified order, direct that the provisions of this Act shall, during such period as may be specified in the order, have effect subject to such adaptations, whether by way of modification, addition or omission as it may deem to be necessary or expedient:
Provided that no such order shall be made after two years from the date of commencement of this Act.
(2) Every order made under sub-section (1) shall be laid, as soon as may be after it is made, before both the Houses of State Legislature.
Regarding the selection of teachers or instructors, the provisions of this Act shall have effect notwithstanding anything contrary to the rules, regulations, or Statutes contained in the Uttar Pradesh State University Act, 1973, Intermediate Education Act, 1921, Uttar Pradesh Basic Education Act, 1972, Uttar Pradesh Government Industrial Training Institutes (Instructors and Foreman Instructors) Service Rules, 2021.
(1) The Uttar Pradesh Higher Education Services Commission Act, 1980, the Uttar Pradesh Secondary Education Service Selection Board Act, 1982 and the Uttar Pradesh Education Service Selection Commission Act, 2019 are hereby repealed.
(2) Notwithstanding such repeal, anything done or any action taken under the Acts referred to in sub-section (1) shall be deemed to have been done or taken under this Act, as if the provisions of this Act were in force at all material times.
(3) Save as otherwise provided in this Act, the repeal of the Acts referred to in sub-section (1) shall not have an adverse effect on the general application of section 6 of the Uttar Pradesh General Clauses Act, 1904 (U.P. Act no. 1 of 1904) in
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