The uttar pradesh high schools and intermidate colleges (payment of salaries of teachers and other employees) act, 1971

112 THE UTTAR PRADESH HIGH SCHOOLS AND INTERMIDATE COLLEGES (PAYMENT OF SALARIES OF TEACHERS AND OTHER EMPLOYEES) ACT, 19711 [UTTAR PRADESH ACT NO. 24 OF 1971. AMENDED BY U. P. ACT No. 26 of 1975 [Passed in Hindi by the Uttar Pradesh Legislative Assembly on 10th August, 1971 and by the Uttar Pradesh Legislative Council with amendments 17th August 1971 and the amendments made by the U. P. Legislative Council was accepted by the U. P. Legislative Assembly on 19th August, 1971. Received the Assent of the President on the 29th August, 1971 under Article 201 of ‘the Constitution of India’, and was published in the Uttar Pradesh Gazette extraordinary, dated 30th August, 197l.] AN ACT to regulate the payment of salaries to teachers and other employees of High Schools and Intermediate Colleges receiving aid out of the State funds and to provide for matters connected therewith. IT IS HEBEBY enacted in the Twenty-second Year of the Republic of India as follows :- Short title 1. (1) This Act may be called the Uttar Pradesh High Schools and Intermediate extent and Colleges (Payment of Salaries of Teachers and Other Employees) Act, 1971. commencement (2) It extends to the whole of Uttar Pradesh. (3) It shall be deemed to have come into force on August 1st, I971. Definitions 2. In this Act, unless the context otherwise requires- (a) "Inspector" means the District Inspector of Schools, and in relation to a girls' institution, the District Inspectors of Girls Schools or the Regional Inspectors of Girls' Schools, as the case may be, and in each case includes any other officer authorized by the State Government to perform all or any of the functions of the Inspector under this Act; (b) "institution" means a recognized institution for the time being receiving maintenance grant from the State Government; (c) "maintenance grant" means such grant-in-aid of an institution as the State Government by general or special order in that behalf directs to be treated as maintenance grant appropriate to the level of the institution ; (d) "management" in relation to any institution, means the committee of management constituted in accordance with the scheme of administration, if any, and includes the manager or other person vested with the authority to manage and conduct the affairs of the institution; 1. For Statement of objects and Reasons, see Uttar Pradesh Gazette (Extraordinary) dated 19th July 1971. 113 [The Uttar Pradesh High Schools and Intermediate Colleges [Section 3-4] (Payment of Salaries of Teachers and Other Employees) Act, 1971] (e) "teacher" of an institution means a principal, headmaster or other teacher in respect of whose employment maintenance grant is paid by the State Government to the institution and includes any other teacher employed in fulfillment of the Conditions of recognition of the institution or its recognition in a new subject or for a higher class or as a result of the opening with the approval of the Inspector of a new section in an existing class; (f) "employee" of an institution means a non-teaching employee in respect of whose employment maintenance grant is paid by the State Government to the institution; (g) "salary" of a teacher or employee means the aggregate of the emoluments, including dearness or any other allowance, for the time being payable to him at the rates approved for the purpose of payment of maintenance grant; (h) other words and expressions defined in the Intermediate Education Act, 1921, and not herein defined shall have the meanings assigned to them in that Act. Payment of 3. (1) Notwithstanding any contract to the contrary, the salary of a teacher or other salary within employee of an institution in respect of any period after the thirty-first day of time and March, 1971, shall be paid to him before the expiry of the twentieth day, or without such earlier day as the State Government may by general or special order in unauthorized that behalf appoint, of the month next following the month in respect of which deductions or any part of which, it is payable. (2) The salary [shall, subject to the provisions of sub-section (3) be paid]1; without deductions of any kind except those authorized by the regulations or by any rules made under the Act or by any other law for the time being in force. [(3) Where the salary of a teacher or other employee of, an institution is not paid in accordance with sub-section (1), due to any default on the part of the management, the Inspector may, without prejudice to any other provisions of this Act, pay or cause to be paid within ten -days from the date mentioned in that sub-section such salary from the moneys credited to the account mentioned in sub-section (1) of section 5 at the rate of salary last drawn by such teacher or employee, as the case may be, and in case of fresh appointment at the, rate of-the minimum of the pay scale-in which he has been appointed, and any adjustment in respect of such payment shall, thereafter, be made as soon as possible.]2 Power to 4. (1) The Inspector may at any time, for the purposes of this Act, inspect or cause to inspect etc. be inspected any institution or call for such information and records (including registers, books of account and vouchers) from its management with regard to the payment of salaries to its teachers or employees or give to its management any direction for the observance of such cannons of financial propriety (including any direction for retrenchment of any teacher or employee or for prohibition of any wasteful expenditure) as he thinks fit. 1. Subs. by section 17 (a) of U.P. Act no. 26 of 1975. 2. Ins. by section 17 (b) ibid. 114 [The Uttar Pradesh High Schools and Intermediate Colleges [Section 5] (Payment of Salaries of Teachers and Other Employees) Act, 1971] (2) Where a direction under sub-section (1), is given for retrenchment of any teacher or employee, it shall be complied with in accordance with the provisions of the Intermediate Education Act, 1921and the regulations or, as the case may be, the conditions of his service. Procedure of 5. (1) The management of every institution shall for the purposes of disbursement of payment of salaries to its teachers and employees, open in [a scheduled bank or a co- salary in the operative bank]1 a separate account to be operated jointly by a representative case of certain of the management and by the Inspector or sue other officer as may be institutions authorized by the Inspector in that behalf: Provided that after the account is opened the Inspector may, if he is, subject to any rules made under this Act, satisfied that it is expedient in the public interest so to do, instruct the bank that the account shall be operated by the representative of the management alone, and may at any time revoke such instruction : Provided further that in the case referred to in the proviso to sub-section (2), or where a difficulty arises in the disbursement of salaries due to any default of the management, the Inspector may instruct the Bank that the account shall be operated only by himself or by such other officer as may be authorized by him in that behalf and may at any time revoke such instruction. (2) The management shall deposit in the said account by such elate as maybe specified by general or special orders by the Inspector, eighty per cent, or where the State Government or an officer authorized by the State Government having regard to the money required to be disbursed, directs a higher percentage, then such higher percentage as it or he may direct, of the amount received from students as fees which in accordance with the general or special orders of the State Government in that behalf [and for so long as such orders are not made, in accordance with the directions of the Inspector]2 form part of the maintenance fund : Provided that where the said percentage of fees is not deposited as aforesaid, the Inspector may by order prohibit the management from making any realization of fees from the students and thereupon the Inspector may recover the fees (either through the teachers of the institution or in such other manner as he thinks fit), directly from the students and shall deposit the fees so recovered in the said account. (3) The entire amount of the maintenance grant and the amount of eighty percent, or such higher percentage as the State Government or, an officer authorized by the State Government may by general or special order in that behalf determine, of the grants for reimbursement of free ships and other similar concessions shall also be paid by the State Government into the said account. ------------------------------------------------------------------------------------------------------------------------- 1. Ins. and be deemed always to have been inserted by section 18(a) of U.P. Act no. 26 of 1975. 2. Inst. by section 18(b) ibid. 115 [The Uttar Pradesh High Schools and Intermediate Colleges [Section 6] (Payment of Salaries of Teachers and Other Employees) Act, 1971] (4) No moneys credited to the said account shall be applied for any purpose except the following, namely :--- (a) payment of the said salaries falling due for any period after March 31, 1971 ; (b) credit of the institutions contribution, if any, to the provident fund accounts of the teachers and employees; and such portion of the balance in the account at the end of the month of July each year as exceeds the aggregate of one month's salary of the teachers and employees of the institution after meeting the liability for payment of their salaries for the period for which fees have been realized from the students shall be made over to the management for expenditure on the institution; [(c) Such other expenditure for the purposes of the institution as may be directed by the State Government or by an officer authorized by the State Government in that behalf]1 (5) The salary of a teacher or employee shall be paid by transfer of the amount from the said account to his account, if any, in the same bank, or if he has no account in that bank, then by cheque. (6) In respect of a place where there is no [scheduled bank or co-operative bank]2 the provisions of this section shall apply with such modifications as the State Government may by notification in the Gazette specify, and the references in this section to bank shall in that case be construed as references to a post office savings bank. Enforcement of 6. (1) Where the Inspector on the basis of an inspection of an institution or its provisions and records or otherwise is satisfied that its management has committed default in directions complying with any direction given under section 4 or with any provision of section 3 or section 5 he may recommend to the Regional Deputy Director, Education, that action be taken against the institution under sub-section (2). (2) On receipt of a recommendation under sub-section (1) the Regional Deputy Director, Education, may call upon the management to comply with the said direction or provision or to show cause within a week why the management should not be superseded . (3) Where the management fails to comply as aforesaid or to show cause, or the Regional Deputy Director, Education, considers the cause shown to be insufficient, he may by order supersede the management for such period not exceeding one year as may be specified in the order, and authorize any person (hereinafter referred to as the Authorized controller) to take over the management of the institution for the said period : Provided that the Regional Deputy Director, Education, may where he considers it necessary or expedient so to do,- ------------------------------------------------------------------------------------------------------------------------- 1. Ins. and be deemed always to have been inserted by section 18(c) of U.P. Act no. 26 of 1975. 2. Inst. By section 18(d) ibid. 116 [The Uttar Pradesh High Schools and Intermediate Colleges [Section 7-9] (Payment of Salaries of Teachers and Other Employees) Act, 1971] (i) extend the said period from time to time, so, however, that the period so extended does not exceed five years in the aggregate; or (ii) revoke the order at any time: Provided further that nothing in. clause (ii) of the preceding proviso shall bar the passing of a fresh order under this section. (4) On an order being made under sub-section (3) the authorized controller shall, to the exclusion of the management and subject only to the directions, if any, of the Regional Deputy Director, Education, the Director or the State Government, exercise fall the powers and perform all the functions of the management, including management of the property belonging to or vested in the institution, and in particular, operate singly the bank account-referred to in section 5 : Provided that nothing in this section shall be construed to confer on the authorized controller the power to transfer any such property (except by way of letting from month to month in the ordinary course of' management) or to create any charge thereon (except as a condition of receipt of any grant-in-aid of the institution from the State Government) (5) Any order made or Direction given under this section shall have effect notwithstanding anything inconsistent therewith contained in any other enactment or instrument relating to the management and control of the institution (including any scheme of administration) or relating to the property belonging to or vested in the institution. Appeal 7. An appeal against the order of the Regional Deputy, Director, Education, superseding the management under sub-section (3) of section 6 may be preferred to the Director within one month from the date on which the order is communicated to the management, and the Director may after such further inquiry, if any, as he considers necessary, either set it aside or confirm or modify it, and pending the disposal of appeal may stay the operation-of the order on such terms, if any, as he thinks fit. Revision 8. The State Government may call for and examine the record of any appeal decided by the Director under section 7 for the purpose of satisfying itself as to the correctness or propriety of any order passed by him, and it may pass such order thereon as it thinks fit; Provided that no order superseding the management of an institution or extending the period of super session thereof shall be passed under this section unless an opportunity has been given to the management to show cause against the proposed order. Approval for 9. [No institution shall create a new post of teacher or other employee except posts with the previous approval of the Director, or such other officer as may be empowered in that behalf by the Director]1. ---------------------------------------------------------------------------------------------- - 1. Sub. by section 19 of U.P. Act no. 26 of 1975. 117 [The Uttar Pradesh High Schools and Intermediate Colleges [Section 10-13] (Payment of Salaries of Teachers and Other Employees) Act, 1971] Liability in 10. (1) The state Government shall be liable for payment of salaries of teachers and respect of salary employees of every institution due in respect of any period after March 31, 1971. (2) The State Government may recover any amount in respect of which any liability is incurred by it under sub-section (1), by attachment of the income from the property belonging to or vested in the institution as if that amount were an arrear of land revenue due from the institution. (3) Nothing in this section shall be deemed to derogate from the liability of the institution for any such clues to the teacher or employee. Punishment, 11. (1) If any default is committed in complying with any direction under section 4 or penalties and with the provisions of section 3 or section 5 every person who at the time the procedure default was committed was manager or any other person vested with authority to manage and conduct the affairs of the institution shall, unless he proves that the default was committed without his knowledge or that he exercised all due diligence to prevent the commission of the default, be punishable, in the case of a default in complying with the provisions of' section 3 with fine which may extend to one thousand rupees and in the case of any other default, with imprisonment which may extend to six months or with fine which may extend to one thousand rupees or with both. (2) No court shall take cognizance of any offence punishable under this section except with the previous sanction of the Regional Deputy Director, Education. (3) Every offence under this section shall be cognizable, but no police officer below the rank of Do Deputy Superintendent shall Investigate any such offence without the order of a Magistrate of the first class or make arrest therefor without a warrant. (4) No court below the rank of a Magistrate of the first class shall take cognizance of an offence under this section. Savings 12. No order made or direction given by the State Government the Director, the Regional Deputy Director, Education, or the Inspector or other officer in exercise of any power conferred by or under this. Act shall be called in question in any court. Exemption in 13. Nothing in this Act shall apply to institutions maintained [***]1 by a railway relation to administration or any other industrial under taking owned or controlled by the institutions Government of India or the State Government. maintained by local authorities etc. ------------------------------------------------------------------------------------------------ 1. Omitted by section 20 of U. P. Act No: 26 of 1975. 118 [The Uttar Pradesh High Schools and Intermediate Colleges [Section 14-17] (Payment of Salaries of Teachers and Other Employees) Act, 1971] Protection of 14. No suit, prosecution or other legal proceeding shall be against the State acts in good Government, the Director, the Regional Deputy Director, Education, the faith Inspector, the Authorized Controller or any other person-In respect of anything which in good faith is done as intended to be done In pursuance of this Act or any rule, order or direction made or given thereunder. Powers to 15. (1) If any difficulty arises in giving effect to the provision of this Act, or by remove reason of anything contained in this Act, the State Government may, as difficulties occasion requires, by notification in the Gazette, make such Incidental or consequential provisions, including provisions for adapting in modifying any provision of this Act or of the Intermediate Education Act, 1921, or the regulations, but not affecting the substance as it may think necessary or expedient for the purposes of this Act. (2) No order under sub-section (1) shall be made after the expiration of a period of three years from the commencement of this Act. (3) Every order made under sub-section (1) shall be laid, as soon as may be, before both the House, of the State Legislature. Power to make 16. (1) The State Government may, by notification in the Gazette, make rules for rules carrying out the purpose 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 extending in its one session or more than one successive sessions and shall unless some later date is appointed, take effect from the date of their publication in the official Gazette, subject to such modifications or annulments as the two Houses of Legislature may during the said period agree to make, so however, that any such modification or annulment shall be without prejudice to the validity of anything previously done thereunder. Repeal and 17. (1) The Uttar Pradesh High Schools and Intermediate Colleges (Payment of savings Salaries of Teachers and Other Employees) Ordinance, 1971 the Uttar U.P. Ordinance Pradesh High Schools and Intermediate Colleges [Payment of Salaries of no. 3 of 1971 Teachers and Other Employees) Ordinance, 1971, the Uttar Pradesh High U.P. Ordinance Schools and Intermediate Colleges (Payment of Salaries of Teachers and no. 7 of 1971 Other Employees) (Second) Ordinance, 1971 and the Uttar Pradesh High U.P. Ordinance Schools and Intermediate Colleges (Payment of Salaries of Teachers and no. 10 of 1971 Other Employees) (Amendment) Ordinance, 1971 are hereby repealed. (2) Notwithstanding such repeal, anything done or any action taken under the said Ordinances shall be deemed to have been done or taken under this Act as if this Act had come into force on January 16, 1971. --------------------------**---------------------------