(1) This Act may be called the Uttar Pradesh Education Service Selection Commission Act, 2019.

(2) It shall comes into force on such date as the State Government may, by notification, appoint in this behalf.

(1) In this Act, unless the context otherwise requires,

(a) Board means the Board of Secondary Education, Uttar Pradesh, Prayagraj or the Basic Education Board, Uttar Pradesh, Prayagraj in relation to the institutions of secondary education and basic education respectively;

(b) Commission means the Uttar Pradesh Education Service Selection Commission established under section 3;

(c) Chairperson means the Chairperson of the Commission, and includes any other person performing, in the absence of the Chairperson for the time being, the functions of the Chairperson;

(d) Director means the Director of Higher Education, or the Director of Secondary Education, or the Director of Basic Education as the case may be and includes Joint Director of Higher Education and an Additional Director of Secondary/Government/Basic Education authorized by him;

(e) Authorized Officer means the Director or any other person authorized by the State Government;

(f) Institution means any of the following, institutions other than an institution established and administered by a minority referred to in clause (1) of Article 30 of the Constitution:

(1)'an affiliated or associated non-government aided college to which the privilege of affiliation has been granted by a University established under the Uttar Pradesh State Universities Act, 1973;

(2) a non-government aided Intermediate College' or a Higher Secondary School or a High School and an attached primary school recognized by the Board established under the Intermediate Education Act, 1921;

(3) a school of the Uttar Pradesh Basic Education Board or an aided junior high school and includes an aided attached primary school recognized by the Board established under the Uttar Pradesh Basic Education Act, 1972.

(g) Management in relation to an institution means the committee of management or a person or an authority vested with the powers to manage and conduct the affairs of that institution;

(h) Member means a member of the Commission;

(i) Non-Teaching Employee means a person employed in an institution for perposes other than teaching;

(j) Other Backward Classes of Citizens means the backward classes of citizens specified in Schedule 1 to the Uttar Pradesh Public Services (Reservation for Scheduled Castes, Scheduled Tribes and other Backward Classes) Act, 1994;

(k) Regulations means the regulations made under section 26;

(l) Teacher means a person employed for imparting instructions in an institution and includes a Principal or a Headmaster but does not include principal of a Government inter college and headmaster of a Government high school;

(m) Year of recruitment means a period of twelve months commencing on the first day of July of a calendar year.

(2) Words and expressions used and not defined in this Act but defined in the Uttar Pradesh State Universities Act, 1973, the Intermediate Education Act, 1921 or the Uttar Pradesh Basic Education Act, 1972, shall have the meanings respectively assigned to them in the respective Act.

ESTABLISHMENT AND FUNCTIONS OF THE COMMISSION

(1) The State Government shall, by notification in the Gazette, and with effect from a date to be specified therein, establish a Commission by the name of the Uttar Pradesh Education Service Selection Commission.

(2) The Commission shall be a body corporate.

(3) The headquarter of the Commission shall be at Prayagraj.

On and from the commencement of tin's Act,

(a) all properties and assets of the Uttar Pradesh Higher Education Services Commission and the Uttar Pradesh Secondary Education Services Selection Board shall stand transferred to, and vest in the Commission;

(b) all debts, liabilities and obligations of the Uttar Pradesh Higher Education Services Commission and the Uttar Pradesh Secondary Education Services Selection Board whether contractual or otherwise, shall stand transferred to the Commission;

(c) the services of every whole-time employee of the Uttar Pradesh Higher Education Services Commission and the Uttar Pradesh Secondary Education Services Selection Board shall stand transferred to the Commission;

(d) any matter pending before the Uttar Pradesh Higher Education Services Commission and the Uttar Pradesh Secondary Education Services Selection Board established under the Uttar Pradesh State Universities Act, 1973 as it stood immediately before establishment of the Commission shall stand transferred to the Commission.

(1) The Commission shall consists of the following Chairperson and members to be appointed by the State Government:

(a) the Chairperson shall be a person who,

(i) is or has been a member of Indian Administrative Service who has held the post of Principal Secretary or equivalent thereto in the State Government; or

(ii) is or has been a Vice-Chancellor of any University established by law; or

(iii) is or has been a Professor of any University established by law for at least ten years and have at least three years of administrative experience;

(b) One member shall be a person who is or has been a member of Indian Administrative Service who has held the post of Secretary or any other equivalent post under the State Government;

(c) One member shall be a person who is or has been not less than a Joint Director, Higher Education, whose services have been of excellent category;

(d) One member shall be a person who is or has been not less than a Joint Director, Secondary Education or Basic Education, whose services have been of excellent category;

(e) Four members shall be educationists, whose services has been of excellent category, who in the opinion of the State Government, have made significant contribution in the field of education.

(2) Every appointment under this section shall take effect from the date on which it is notified by the State Government.

(1) Subject to the provisions of this Act, the Chairperson and a member shall hold office for a term of five years, from the date of assumption of office thereof or till he/she attains the age of sixty five years whichever is earlier.

(2) No person shall hold office of the Chairperson or a member for more than two consecutive terms.

(3) The Chairperson or a member may resign his office by writing under his/her hand addressed to the State Government, but he/she shall continue in office until his/her resignation is accepted by the State Government.

(4) The office of the Chairperson or the members shall be whole time and the terms and conditions of service of the Chairperson or the members, shall be such as the State Government may, by order, direct.

(1) The State Government may,' by order, remove from office the Chairperson or any member, if he/she,

(a) is adjudged an insolvent; or

(b) engages, during his/her term of office, in any paid employment outside the duties of his/her 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

(d) incurs any disqualification under this Act or the rules made there under.

Explanation

(1) Where the Chairperson or a member becomes in any way concerned or interested in any contract or agreement made by or on behalf of any institution or participates 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.

(2) The procedure for the investigation and proof of misconduct under this section shall be such as may be prescribed.

The Commission may associate with itself, in such manner and for such purpose, any person whose assistance or advice it may consider necessary in carrying out any of the provisions of this Act.

(1) The Secretary, the Exam Controller, the Finance Controller 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 think necessary for the efficient performance of its functions under this Act on such terms and conditions of service as the Commission may prescribe by regulations.

The Commission shall have the following powers and functions, namely,

(a) to prepare guidelines on matters relating to the method of recruitment of teachers and non-teaching employees;

(b) to conduct examination, where necessary and hold interviews and make selection of candidates for being appointed as teachers and non-teaching employees;

(c) to select and invite experts and to appoint examiners for the purposes specified in clause (b);

(d) to make recommendations regarding the appointment of selected - candidates;

(e) to advise the Management in matters relating to dismissal, removal or reducti on in rank of teachers of the institutions;

(f) to obtain periodical returns or other information from institutions regarding strength of the teaching staff and the appointment, promotion, dismissal, removal, termination or reduction in rank of teachers;

(g) to fix the emoluments and travelling and other allowances of the experts;

(h) to administer the funds placed at the disposal of the Commission;

(i) to perform such other duties and exercise such other powers as may be prescribed or as may be incidental or conducive to the discharge of its functions under this Act or the rules or regulations made thereunder.

(1) For the purpose of making selection for appointment of teachers and non-teaching employees, by direct recruitment, the management 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 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, and notify the vacancies to Commission in such manner and through such officer or authority as may be prescribed.

(2) For the purpose of selection of candidates for appointment of teachers and non-teaching employees by direct recruitment, ten percent reservation for the persons of economically weaker section shall be prescribed by the State Government and reservation shall be permissible as per the specifications issued by the State Government from time to time.

Explanation For the purposes of this Act the words economically weaker section means the persons refers to in the Constitution (One Hundred and Third Amendment) Act, 2019.

(3) The procedure of selection of candidates for direct recruitment to the posts of teachers and non-teaching employees shall be such as may be prescribed.

(1) The Commission shall, as soon as may be, after the vacancy is notified under sub-section (1) of section 11, hold examinations and interviews of the candidates other than the candidates of assistant teacher (TGT), assistant teacher junior basic school and senior basic school and non-teaching employees and prepare a panel of those found suitable for appointment.

(2) The panel referred to in sub-section (1) shall be forwarded by the Commission to the officer or authority referred to in sub-section (1) of Section 11 in such manner as may be prescribed.

(3) After the receipt of the panel under sub-section (2) the authorized officer shall, in the prescribed manner, intimate the appointing authority of the Institutions the names of the selected candidates in respect of the vacancies notified under sub-section (1) of section 10. The appointing authority shall, within a period of ninety days from the date of receipt of such intimation issue appointment letter to such selected candidates. The prescribed officer shall conduct the character verification of the selected candidates before appointment.

(4) Where such selected candidate fails to join the post of a teacher and non-teaching employees in such Institution within the time allowed in the appointment letter or within such extended time as the appointing authority may allow in this behalf, or where such candidate is otherwise not available for appointment, the prescribed officer may, on the request of the appointing authority, intimate in the prescribed manner, fresh name or names from the panel forwarded by the Commission under sub-section (2). Such time limit shall be up to a maximum of 01 year after the date of issuing of appointment letter.

APPOINTMENT OF SELECTED TEACHERS

(1) Every appointment of a teacher and non-teaching employee in an institution shall be made by the appointing authority only on the recommendation of the Commission and any appointment, excluding the cases of dying-in-harness, made in contravention of the provisions of this Act shall be void. The appointment under the dying-in-harness shall be done as prescribed.

(1) Where any person is entitled to be appointed as a teacher and non-teaching employee in any institution in accordance with the provisions of this Act, but he/she is not appointed by the appointing authority within the time provided therefor, he/she may prefer an appeal to the Director or any officer authorised by him for issuing a direction under sub-section (2).

(2) As far as may be within one month from the date of receipt of an application under sub-section (1), the Director or the officer authorised by him may hold an inquiry, and if he is satisfied that the management has failed to appoint the applicant as a teacher and non-teaching employee, in accordance with the provisions of this Act, he may, by order, direct

(a) the appointing authority to appoint the applicant as a teacher and non-teaching employee forthwith, and to pay him salary from the date specified in the order; and

(b) the head of the Institution concerned to take work from him as a teacher and non-teaching employee.

(3) The amount of salary, if any, due to such teacher and non-teaching employee shall, on a certificate issued by the Director or the officer authorised by him, be recoverable by the Collector as arrears of land revenue from the property belonging to or vested in the society or body running the institution.

If a selected candidate recommended by the Commission in the panel/list sent under the provisions of section 12 could not join in the allowed institution due to defective requisition or appointment under dying-in-harness or declaration of minority status to the institution or any order of the Hon'ble Supreme Court or High Court or abolition of the post, the following procedure shall be adopted:

(a) Such selected candidate shall submit his/her representation before the Director mentioning the reasons for not joining to the institution;

(b) The Director shall, after detailed enquiry on the representation submitted by the candidate, fix responsibility against the responsible institution or officer for sending defective requisition and send a report to the Commission with his recommendation for adjustment of the selected candidate;

(c) On the basis of the report and recommendation of the Director, the Commission shall adjust the selected candidate against the non-advertised requisition and shall send selected panel/list to the appointing authority after adjustment;

(d) On the basis of the panel/list sent under clause (c). the appointing authority shall ensure the joining of the selected candidate as per the provisions of section 13.

16. Power to call for information etc. The Commission may require the Management of an Institution to furnish such information or return regarding the matters referred to in section 10 as it thinks fit, and the Management shall be bound to comply with the same.

17. Power to inspect, record register etc. The Secretary of the Commission or any other person authorized by the Commission, shall have access to every record, register or document in possession of the Management 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 record or document.

The appointing authority may with the prior approval of the Commission dismiss any teacher or remove him from service or serve on him any notice of removal from service, or reduce him in rank or reduce his emoluments.

ANNUAL REPORTS AND ACCOUNTS

(1) The financial management of the Commission shall be done in accordance with the rules laid down in Financial Hand-Book, Volume 1, 2, 3 and 5:

Provided that the Commission may, with prior approval of the State Government, make 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 receipt by it as fees etc. in accordance with rules, referred to in sub-section (1) and that of the orders of the State Government, if any. A person who incurs expenditure in violation of the rules referred to in sub-section (1), or the orders of the State Government, if any, shall be personally responsible.

(3) The budget estimate shall be prepared by the Finance Controller under the supervision and direction of the Secretary and the expenditure incurred according to the provisions of the budget after it is approved by the Commission.

(4) The Chairperson shall be the controlling officer with regard to himself, the Members, the Secretary, Deputy Secretary and Finance Controller and shall exercise all such financial powers as are ordinarily vested in the Head of the Department, in addition to, such other financial powers to be delegated by the Commission to the Chairperson.

(5)(i) The Secretary shall be the drawing and disbursing officer but he may, if he considers it necessary, by an order in writing, delegate all or any of such powers to the Deputy Secretary;

(ii) The Secretary shall exercise all such powers as are vested in the Head of an Office. Besides, such other financial powers the Commission may delegate to the Secretary as it may consider necessary.

The Commission shall prepare in every year, in such form and at such time as may be prescribed, an annual report giving accurate and full account of its activities of 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, is 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 accounts, 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 determine, for audit under section 14 of the Comptroller and Auditor General's (Duties, Power and Conditions of Service) Act, 1971.

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

MISCELLANEOUS

Any person who fails to comply with the recommendations of the Commission or fails to comply with the order or direction of the Director under section 13, or appoints a teacher and non-teaching employee in contravention of the provisions of this Act shall on conviction, be punished with imprisonment for a term which may extend to three years or with fine which may extend to fifty thousand rupees or with both.

Nothing in this Act shall apply to an institution established and administered by a minority referred to in clause (1) of Article 30 of the Constitution of India.

No suit, prosecution or other proceeding shall lie against any person for anything which is in good faith done or intended to be done under this Act.

The State Government may, by notification, make rules for carrying out the purposes of this Act.

(1) The Commission may, with the previous approval of the State Government, make or amend regulations prescribing fees for holding selections, for holding interviews and laying down the procedure to be followed by the Commission for discharging its duties and performing its functions under this Act:

Provided that the first Regulation under this sub-section shall be made by the State Government by notification in the Gazette.

(2) The Regulations made under sub-section (1) shall not be inconsistent with the provisions of this Act or the rules made under section 25.

(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 down before both the Houses of State Legislature.

(1) The Uttar Pradesh Higher Education Services Commission Act, 1980 and the Uttar Pradesh Secondary Education Services Selection Board Act, 1982 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 this Act were in force at all material times.

(3) Save as otherwise provided in this Act the repeal of Acts referred to in sub-section (1) shall not held to prejudice or affect the general application of section 6 of the Uttar Pradesh General Clauses Act, 1904 (UP Act no. of 1904) with regard to the effect of repeals.

STATEMENT OF OBJECTS AND REASONS

The Uttar Pradesh Higher Education Service Commission has been established for selection of teachers of non-Government aided colleges affiliated and associated by an University established under the Uttar Pradesh State University Act, 1973, the Uttar Pradesh Board of Secondary Education, Prayagraj has been established under the Intermediate Education Act, 1921 for the selection of teachers of non-Government aided intermediate colleges, higher secondary schools, high schools and attached primary schools and for the selection of teachers of basic and junior high schools are made in accordance with the rules framed under the Uttar Pradesh Basic Education Act, 1972. The above mode of selection are not conducive to public good. Apart from this the selection of teachers are not made timely due to which there are many vacancy of teachers are existing in various institutions, which affect adversely the education of students in the State. It has, therefore, been decided to make a common law to provide for the establishment of a Commission by the name of the Uttar Pradesh Education Service Selection Commission for the selection of teachers and non-teaching employees of the institutions as aforesaid, instead of the prevailing mode of selection.

The Uttar Pradesh Education Service Selection Commission Bill, 2019 is introduced accordingly.

By order,

J.P. SINGH-II,