Uttar Pradesh act 002 of 1996 : The UTTAR PRADESH HEALTH WORKERS AND HEALTH SUPERVISORS (REGULATION OF PAY) ACT, 1996

Section 1.Short title, extent and commencement

(1) This Act may be called the Uttar Pradesh Health Workers and Health Supervisors (Regulation of pay) Act, 1996.

(2) Section 2 and 3 shall be deemed to have come into force on July 23, 1981, section 4,5, 6 and 7 shall be deemed to have come into force on May 1, 1995 and the remaining provisions shall come into force at once.

Section 2.Definitions

In this Act-
(a) Health Worker (Male) means and be deemed always to have meant a person appointed as such on or after July 23, 1981 and includes a person working as ¹[Basic Health Worker], House Visitor, Vaccinator and Trachoma Health Assistant on the said date;

(b) Health Worker (female) means and be deemed always to have meant a person appointed as such on or after July 23, 1981 and includes a person working as Auxiliary Nurse Midwife, and Family Welfare Worker on the said date;

(c) Health Supervisor (male) means and be deemed always to have meant a person appoint as such on or after July 23, 1981 and includes a person working as Family Planning Health Assistant, Health Inspector, Small-Pox Supervisor and Surveillance Inspector on the said date;

(d) Health Supervisor (female) means and be deemed always to have meant a person appointed as such on or after July 23, 1981 and includes a person working as Lady Health Visitor on the said date;

(e) Multipurpose Workers Scheme means an integrated scheme of all Health and Family Welfare Programmes of the Medical, Health and Family Welfare Department of the State Government.

1. subs by sec 2 of up act no 2 of 1994

Section 3.Pay of Health Workers and Health Super Visors

(1) The scales of pay admissible to Health Worker (male), health Worker (female), Health Supervisor (male) and Health Supervisor (female) under the Multipurpose Workers Scheme, shall be as follows:-

(i)With effect from July 23, 1981-

(a) Health Worker (male) Rs. 400-10-450-12-474- and Health Worker (female) E.B.-12-570-EB.-15-615

(b) Health Supervisor (male) Rs. 470-15-575-E.B.-15- and Health Supervisor (female) 650-17-701-E.B.-17-735

(ii)With effect from January 01, 1986-

(a) Health Worker (male) Rs.975-25-1150-E.B.-30- and Health Worker (female)1660

(b) Health Supervisor (male) Rs. 1350-30-1440-40 and Health Supervisor (female) 1800-E.B.-50-2200

(2)The State Government may from time to time, by notification, revise or modify the scales of pay specified in sub-section (1).

Section 4.Rescission of orders

4-The following orders issued by the State Government shall stand rescinded from the respective dates of their issue, namely:-

(a)No. 2752/V-12-91-1 Writ (11)-88, dated April 26, 1991;

(b)No. 5388/V-12-91-1 Writ (11)-88, dated October 1, 1991;

(c)No. 913/V-12-1994-1 Writ (11)-88, dated March 25, 1994

Section 5.Over-riding effect

The Provision of this Act shall have effect not with standing anything contained in any judgement, decree or order of any court or in the orders of the State Government and the scales of pay specified in section 3 shall be deemed to be and always to have been admissible to Health Worker (male), Health Worker (female), Health supervisor (male) and Health Supervisor (female) as if the provisions of this Act were in force at all material times

Section 6.Recovery of excess amount and payment of arrears pay

(1)Any amount paid to a person in excess of the amount to which he is entitled in accordance with the scales of pay specified in section 3 shall be recoverable from him.

(2)The State Government shall take prompt steps for payment of arrears of pay and allowances as may be payable in accordance with the scale of pay specified in section 3.

Section 7.Power to remove difficulties

(1)If any difficulty arises in giving effect to be provisions of this Act by reason of anything contained in this Act, the State Government may, be a notified order, direct that this Act shall have effect subject to such adaptations whether by way of modification, addition or omission as it may deem necessary or expedient for removing the difficulty;

(2)An order under sub-section (1) may be made with retrospective effect from a date not earlier than July 23, 1981 but such order shall not be made after the expiration of the period of two years from may 1, 1995;

(3)Every order made under sub-section (1) shall be laid, as soon as may be, before both the Houses of the State Legislature and the provisions of subsection (1) of section 23-A of the Uttar Pradesh General Clauses Act, 1904 shall apply as they apply in respect of rules made by the State Government under any Uttar Pradesh Act.

Section 8.Repeal and savings

(1)The Uttar Pradesh Health Workers and Health Supervisors (Regulation of Pay) (Second) Ordinance, 1995 is hereby repealed.

(2)Not withstanding such repeal, anything done or any action taken under the Ordinance referred to in sub-section (1), shall be deemed to have been done or taken under this Act as if the provisions of this Ordinance were in force at all material times