Uttar Pradesh act 016 of 1980 : The S1/2 HE UTTAR PRADESH HIGHER EDUCATION SERVICES COMMISSION ACT, 1980

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No 2753 (2),00/1I-V-1-71.80 Dated Lucknow, October 3, 1980 [-

:". 4rt'trimPursuance of the provisions of clause (3) of Article 348 of the Constitution of India, the Governor is pleased to order the ph hiication of the following English Ira nslalicn cl the Uttar Pradesh Uchchatar Shiksha Sewa Ayog Adhiniy2m, 1980 (Uttar Pradesh Adhiniyam Sankhya

16

01930) as passed by the Uttar pradesh Legislature and assentelI to by October:I, 1 930. the Governor on

"S1/2 'HE UTTAR PRADESH HIGHER EDUCATION SERVICES COMMISSION

ACT, 1980

rtir, (U

P. Am- No. 16 of 1980) [As passed by the Uttar Pradesh Legislature]

AN

ACT

10 *Stabitrh a service commission for the selection of teachers for appointment to the colleges affiliated to or recognised by a University, and for matters connected therewith or incidental thereto. ,

Iris HEREBY enacted in the Thirty-first Year of the Republic of India, as follows t..

CHAPTER 1

Preliminary

L

(1) This Act may be called the Uttar Pradesh Higher Educa t ion Short title and Services Commission Act, 1980.

(2) It shall come into force on such date as the State Government may, bY:sio.tification, appoint in this behalf. In this Act—

"aPPoirtment" in relaiion to a teacher does not include an t ppoint- Definitions.

mcnt

under tub-section (3) of section 31 of the Uttar Pradeth Stare it'tscr ''Universities Act, 1973 ; nom: ..(b)

'Chairman" means the Chairman of the Commission and includes

ll7eahy other-Person performing, in the absence of' The Chairman for the . time being the functions of the Chairman ; commencement.

sion.

Comnosifidn^of the commission.

•

8

IER SOW faltgtql ;RR, 3 qztVa; 1980 Terms of office

and conditions

of service of

member,.

Powers of the

State Govern-

ment totemove

the member.

"college!' means an affiliated or associated college to which the:. privileges of affiliation or recognition, as such has been • granted by-4 University, and includes a college maintained by a local authority but'1 does not include a college maintained by the State Government;

(d) "Commission" means the Higher Services Commission establ Fished under section 3;

(e) "Director" means the Director of Education (Higher EducationyT and includes joint Director of Education or Deputy Director of Edu.j:

cation. authorised by him in this. behalf;

"Member" means a member of the commission and includes its Chairman;

other words used and not defined in this Act but defined in the Uttar Pradesh State Universities Act, 1973, shall have the meanings res- pectively assigned to them in that Act.

CHAPTER 11

Establishment of the Commission

3. (1) With effect from such date as the State Government may by noti- fication appoint in this behalf, there shall be established a Commission to be A called the '''Uttar Pradesh Higher Education Services Commission". 3

(2) The Commission shall be a body corporate. 1

4. (1) The Commission shall consist of a Chairman and not less than two and not more than four, other members to be appointed by the State ; Government.

Of the members,. one. shall be a person who occupies or has occupied, in the opinion of the State Government, a position of eminence in public life or in Judicial or Administrative Services others shall have teaching experience as: I

(a) Professor of any Univrsity ; or (.6)• Principal of a college for a period of not less than ten years ; or

(e) Teacher of a college for a period of not less than fifteen years, Every- appointment under this section shall take effect from the date on which it is notified by the State Government.

5. (1) Every member shall, unIss. he, becomes disqualified for continuing as such under the rules that may be made under this Act hold office for a term of three years.

No person shall be a member of the Commission for more than two consecutive terms.

A.inemb.er of the, Commission may resign his office by writing under his. hand addressed to the State Government, but he shall continue in office until his resignation is accepted by the State Government. (4). The office of the members shall be whole-time and the terms and con- ditions of their service shall be such as the State Government may by order direct.

(5) Notwithstanding anything contained in this section, no person shall be appointed or continue as a member of the Commission. if he has attained the age of sixty-two years.

6. (I) The State Government inay, by order, remove from office any member, if he--

(a) is adjudged an insolvent; or ())) 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 infiimity of mind or body or of proved misconduct. Exidanallon—Where a member becomes in any way concerned or interested in any contract' or agreement made by or on behalf of any University or College or participate in any way in the profits thereof or in any benefit or emolument arising therefrom, otherwise than as a member, he shall, for the purpose of clause (c) be deemed to be guilty of misconduct.

8

(3) The State Government may suspend from office any member in respect of 'iv•

born any action is contemplated under this section. The Commission may associate with itself, in such manner and for such purposes as may be determined by regulations made under section 31, any person whose assistance or advice it may desire to have in carrying out any of the pro- ' visiOns of this Act.

8, No act or proceeding of the Commission shall be deemed to be invalid merely on the ground of—

any vacancy or defect in the constitution of the Commission ; or any defect or irregularity in the appointment of a person acting as a member thereof ; or

any defect or irregularity in such act or proceeding not affecting the substance.

(1) The Secretary of the Commission shall be appointed by the State Government on deputation for a term not exceeding five years, and other con- ditions of his service shall be such as the State Government may, from time to time, determine.

(2) Subject to such drections as may be issued by the State Government in this behalf, the Commission may appoint such other employees as it may think necessary for the efficient performance of its functions under this Act, and on suelderms and conditions of service as the Commission think fit. All orders and decisions of the Commission shall be authenticated by the signature of the Secretary, or any other officer authorised by the Commis_ sion in this behalf.

Power to a sso.

elate.

Proceedings of

the Commission

not to be invali-

dated.

Staff of the

Commission:

Authentication

of the orders of

the Commission.

CHAP-rut III

Functions of the Commission

11. The Commission shall have the following powers and duties, namely— Powers duties.

and

(a) to prepare guidelines on matters relating to the method of recruit- ment of teachers in Colleges ;

(1)) to conduct examinations where considered necessary, hold inter- views and make selection of candidates for being appointed as such teachers ;

(e) to select and invite experts and to appoint examiners for the pur- poses specified in clause (b) ;

to make recommendation to the management regarding the appointment of selected candidates ;

to obtain periodical returns or other informations from colleges regarding strength of the teaching staffs and the appointment, dismissal, removal, termination or reduction in rank of teachers therein ; to fix the emoluments and travelling and other allowance of the experts and examiners ;

to administer the funds placed at the disposal of the Commission; to perform such other duties and exercise such other powers as may be prescribed or as may be incidental or conducive to the dis- charge of the above functions.

12. (1) Notwithstanding anything to the contrary contained in the Uttar PratIcsh State Universities Act, 1973 or in the Statutes made thereunder, every al),P9intinent as a teacher of any college shall, after the date notified under sub-

(1) of section 3, be made by the management only on the recommenda- tion of the Commission.

. (2) For the purpose of making appointment of a teacher under sub sec- --itw" (-1), the management shall niiiitify the vacancy to the Commission. t •MThe manner of selection of persons for appointment to the posts of eachers of a college shall be such as may be determined by regulations :

Management to

make appoint-

ments etc. only

on the reeofft-

dations of

Commission.

9

Every appointment made in contravention of the provisions of this.see;

lion shall be void.

Recommenda-

tion of the

Commission.

Duty to make

appointments.

Inquiry by

Director.

Appointment of

ad hoc teachers:,

13. (1) The Commission shall, as soon as possible, after the notificatien:

of vacancy under sub-section (2) of section 12, hold interview (with or without examination) of the candidates, and recommend the names or not more tha jj; three candidates for appointment to every post of a teacher. Such names shall be arranged in order of preference. kl

Where the candidates referred to in sub-section (1) fail to join the posit or where they are otherwise not available for appointment, the Commission may; on the request of the management recommend up to two more names of persons

found suitable on the basis of the examination or interview held under the said

sub-section.

Every recommendation of the Commission under sub-section (1) or sub,'

section (2) shall be valid for a period of one year from the date of such recom

mendation.

14. (1) The management shall, within a period of one month from the, date of receipt of recommendation of the Commission under section 13 issue appointment letter to the candidate whose name appears on the top in the ordefl. of preference.

(2) Where the candidate referred to in sub-section (1) fails to join the post' within the time allowed in the appointment letter, or within such extended time as the management may allow in this behalf, or where such candidate is otherwise' not available for appointment, the management shall within a reasonable periodu issue appointment letter to the next candidate recommended by the Co mmission and the process shall be repeated till the names of the candidates so recom- mended are exhausted.

15. (1) Where any person is entitled to be appointed as a teacher in any college in accordance with sections 12 to 14, but be is not so appointed by the management within the time provided therefor, he may apply to the Director for a direction under sub-section (2).

(2) On receipt of an application under sub-section (1), the Director may hold an inquiry, and if he is satisfied that the management has failed to appoint the applicant as a teacher in contravention of the provisions of this Act, he may by order, require—

the management to appoint the applicant as a teacher forthwith, and to pay him salary from the date specified in the order; and the Principal of the College concerned to take work from him as a teacher.

(3) The amount of salary, if any, due to such teacher shall, on a certificate issued by the Director, be recoverable by the Collector as arrears of land revenue.

16. (1) Where the management has notified a vacancy to the Com- mission in accordance with sub-section (2) of section 12, and the Commission rails to recommend the names of suitable candidates in accordance with sub- section (1) of that section within three months from the date of such notifi- cation, the management may appoint a teacher on purely ad hoc basis from amongst the persons bolding qualification prescribed therefor.

•

(2) Every appointment of an ad hoc teacher under sub-section (1) shall cease with effect from the earliest of the following dates, namely —

(a) when the candidate recommended by the Commission joins the post;

10

thirtieth day of June following the date of such ad hoc appoint- ment.

17. The Commission may require the management of any college to sub- m

it such information or return regarding the matters referred to in section 11 Rs it thinks fit, and the management shall be bound to comply with the same.

18. The Secretary or any other officer authorised by the Commission shall have access to every record, register or document in possession of the 'nianagement and he may enter at any reasonable time, any premises where he believes such record, register or document to be, and may inspect and take copies of relevant records or documents.

CHAPTER IV

Annual Reports and Accounts

19. The State Government may, after due appropriation made by law in this behalf, pay to the Commission in each financial year such sum as may be con6dered necessary for the performance of the functions of the Commission under this Act.

20. (1) The Commission shall have its own Fund, and all sums paid to it by the State Government and all receipts of the Commission shall be carried ' to the Fund and all payments by the Commission shall be made therefrom.

(2) All moneys belonging to the Fund shall be deposited in such banks or j invested in such manlier as may, subject to the approval of the State Govern- 'tent, be decided by the Commission.

(3) The Commission may spend such sums as it thinks fit for performing its functions under this Act, and such sums shall be treated as expenditure pay- -/:able out of the fund of the Commission.

21. The Commission shall prepare once every year, in such form and at - such time as may be prescribed, an annual report giving a tine and full account of its activities during the previous year, and copies thereof shall be forwarded t to the State Government, and the State Government shall cause the same to be laid before both the Houses of the State Legislature.

22. (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 may be after closing its annual ac- counts, prepare 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 deteimine, for audit under section 14 of the Comp- 1troller and Auditor Generals' (Duties, Powers and Conditions of Service) Act,

971.

Power to call for information. Power to inspect records, register etc.

Payment to the Conunisssion. Fund of the

Commission.

Annual Reports. Accounts and Audit.

(3) The annual accounts of the Commission together with the audit report thereon shall be forwarded to the State Government and the Government shall cause the same to be laid before both Houses of the State Legislature.

CHAPTER V

Miscellaneous Inc Commission may, by regulations made under section 31, delegate to its Chairman or any of its members or officers, its power of general superin- tendence and direction over the business transacted by, or in, the Commission including the pcwers with regard to the expenditure incurred in connection with the maintenance of the office and internal administration of the Commission. Notwithstanding anything contained in this Act, the management of any college ea..zblished by a minority based on religion or language which the minority has the right to administer, shall be entitled to appoint, dismiss, remove, terminate the services of or reduce in rank a teacher or take other disciplinary measures sub- pet only to the approval of the Commission and of the University concerned. Delegation.

Exemptions to

minority institu-

tions.

11

Pitnishment...for 26., If any person-c.:

.failtireleatirni.sh •

information or (a), wilfully Withholds, Or fails to furnish any return or information :law- wilful obstruction. fully required by the Commission within 'the:tithe allowed therefor .;

(b) wilfully obstructs any person from.duly carrying out all' or any of the provisions of flits Aet, Shall, on' conviction, he'. punished with imprison- 'ment for a term which may extend to one year, or with fine which may ex- tend to one thousand rupees of with both. •

27. (1) If the person committing the offence.under section 25 or section 26 is a society registered under the SoCietieS• Registration Act, 1860, the fsociety a well as every person incharge,of.and ,resp,ons.ible: ( to, the society for the conduct of its business at the time of the offenceshall be' . deemed to be 'guilty of the offence,and.sh all be liable to be proceeded against.and punished accordingly :

-• Provided .that • 'nothing contained in this section shall render any such per- somliable to' any punishment, if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of .s110191fe.119e. , •

(2), Notwithstanding anYthing 'contained In sub section (1), where any offence under •ihi s Act ha a been comMitted by a registered society and it isdproved'that

. the, offence ;has, beemconunitted with the consent or connivance-of, or that the commission ot offendeiS-affribUtable to any neglect on the part of any ,member of the soCiety, such membet shall also be'deemed,to be guilty of. that offence and shall be liable to be proceeded against and punished accordingly. . . • • Bar a nst .

offence,underthis Act 0101 be institutedexcept

gai

prosecution

with the previous Sanction or the Director or such officer or - anthoritYlas .the State Government may, by general or special orders, speCifYln this behalf:

Profeetibil ol 29 .1\IOr sult,,prOSecutiOn,Or. other .proceeding Thall lie'agahlgt . any person action taken in'for'. anything /Whic`h'is in jobdfaith, .. d.bife,. de intended to be a cqloArnder this Act. good faith. • •

Act to have -

30. Tlietrovisions of this Act; shalDffave effect notwithstanding. -anything overriding effect to the contrary contained in the Uttar'Pradesh -Sfate Universities Act, 1973' Orate Statutes or Ordinances made thereunder. .• •

Power mak

The..Commission,may, witIrthe, previous approval •of the, State

e

regulations. Government, make regulations prescribing, fees for holding, selections, conducting te.

examinations where necessary, holdingInterviews and laying down the procedure to•be followed*); the Cdminission for discharging its duties and performing its . .

•• fu uctions. under this Act.

•

(2) The regulations made under, sub-section (1) shall. not be- inconsistent with the Provisions of this Act or the rules made under section 32. • Power to make 32. The State Government may, by notification make rules for carrying Rules. out the purposes of this Act. •

By order .

R C.. DEO SHARMA,

Such v

Punishment for contravention of the provisions of the Act.

Offences by

societies

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