Uttarakhand act 004 of 2005 : Uttaranchal Non-Government Education (Amendment and Repeal) Act, 2005

Section 1. Short Title, Commencement and Extent

Chapter-I

CHAPTER 1

1. Short Title, Commencement and Extent.- (1) This Act may be called the Uttaranchal Non-Government Education (Amendment and Repeal) Act, 2005.

(2) It shall come into force at once.

(3) It shall extend to the whole State of Uttaranchal.

Section 2. Amendment in the Uttaranchal (The Uttar Pradesh Intermediate Education Act, 1921) Adaptation and Modification Older, 2002

Chapter-II

CHAPTER 2

2. Amendment in the Uttaranchal (The Uttar Pradesh Intermediate Education Act, 1921) Adaptation and Modification Older, 2002.- After section 2(AAA), a new sub-section (AAAA) shall be added in the Uttaranchal (The Uttar Pradesh Intermediate Education Act, 1921) Adaptation and Modification Order, 2002 (hereinafter referred to as Principal Act)-

"(AAAA)- Director means "Director of School Education" and it also includes, except for the purpose of section 3, Additional Director of Education, Headquarter."

Section 3. Amendment in the section 2(BB) or the Principal Act

3. Amendment in the section 2(BB) or the Principal Act.- In section 2(BB) of the Principal Act, the words "District Inspector of School" and "Regional Inspector of Girls School" shall be substituted by the word "District Education Officer".

Section 4. Amendment in section 2(DD) of the Principal Act

4. Amendment in section 2(DD) of the Principal Act.- In section 2(DD) of the Principal Act, the words "Divisional Deputy Director of Education" shall be substituted by the word "Regional Additional Director of Education".

Section 5

5. After section 16GG of the Principal Act, a new section shall be substituted, as follows:-

"(16GGG)(A) Regularisation of appointment against short term vacancies-

(1) Substantive appointment shall be given to such a teacher by the Management, who-

(a) was appointed by promotion or by direct recruitment in the lecturer's grade or trained graduate grade on or after May 14, 1991 but not after August 6, 1993 against short term vacancy, in accordance with paragraph 2 of the Uttar Pradesh Secondary Education Services Board (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 unto the date of the commencement of the Act;

(d) has been found suitable for appointment in a substantive capacity by the Selection Committee under sub-section (B) of section (16 GGG).

(2)(a) The names of the such teachers shall be recommended for substantive appointment in order of seniority as determined from the date of their appointment;

(b) If two or more such teachers are appointed on the same date the teacher who is elder in age shall be recommended first.

(3) Every teacher appointed in a substantive capacity under sub-section (1) shall be deemed to be on probation from the date of such appointment.

(4) A teacher who is not found suitable under sub-section (1) and a teacher who is not eligible to get a substantive appointment under said sub-section shall cease to hold the appointment on such date as the State Government may by order specify.

(5) Nothing in this section shall be construed to entitle any teacher to substantive appointment, if on the date of the commencement of the Act referred to in clause (C) of sub-section (1) such vacancy had already been filled or selection for such vacancy has already been made in accordance with the Act."

"(B) Selection Committee for Regularisation- There shall be a Selection Committee in each Region constituted of-

Section 6. Repeal and Savings

Chapter-III - Repeal of the Uttar Pradesh Secondary Education Services Selection Board Act, 1982

CHAPTER 3

Repeal of the Uttar Pradesh Secondary Education Services Selection Board Act, 1982

6. Repeal and Savings.- (1) The Uttar Pradesh Secondary Education Services Selection Board Act, 1982 (Act no. 5 of 1982) (As applicable to the State of Uttaranchal) is hereby repealed.

(2) Notwithstanding such repeal, anything done or any action taken under the Principal Act referred to in sub-section (1) shall be deemed to have been done or taken under the corresponding provisions of the Act as if the provisions of the Act were in force at all material times.