Uttar Pradesh act 023 of 2006 : The UTTAR PRADESH ADMISSION TO EDUCATIONAL INSTITUTIONS ACT, 2006

Section 1.Short title and commencement .

(1) This Act may be called the Uttar Pradesh Admission to Educational institutions (Reservation for Scheduled Castes, Scheduled Tribes and other Backward Classes) Act, 2006.

(2) It shall be deemed to have come into force in July 10, 2006.

Section 2.Applicability.

This Act shall apply to all admissions taking place in Educational Institutions, including private Educational Institutions, whether Aided or unaided by the state, other than the Minority Educational Institutions referred to in clause (1) of the Article 30 of the Constitution of India.

Section 3.Definitions.

In this Act, unless the context otherwise requires.

(a) academic year in relation to an admission means a period of twelve months commencing on the first day of July of a calendar year within which the process of admission is initiated;

(b) aided institution means a private educational institution, excluding minority institution, receiving recurring grants-in-aid or financial assistance in whole or in part from the state Government or from anybody under the control of State Government disbursing grants-in-aid or financial assistance;

(d) Head of the institution means the President or the Manager or the secretary of a society running the institution and includes the director, the Principal or any Administrative Head of the institution;

(e) educational institution means

(i) a college or a school or an institution, by whatever name called, imparting education approved or recognized by a competent Statutory Body and affiliated to a state University, including a Private University established or incorporated by an Act of the state legislature or a constituent unit of a deemed to be University defined under section 3 of the University Grants commission Act, 1956 imparting education.

(ii) a college or a school or an institution, by whatever name called, imparting professional courses, approved or recognized by the Competent statutory Body leading to the award of a degree, diploma or a certificate, by whatever name called.

(f) other backward classes or citizens means the Other Backward Classes or Citizens specified in the scheduled-1 to the Uttar Pradesh Public Services (Reservation for scheduled castes, Schedule Tribes and other Backward classes) Act, 1994.

(g) Private Institution means an educational institution not established or maintained by State Government or any Public Body;

(h) Professional Course means a course of study notified as a professional course by the Competent statutory Body leading to the award of a degree, diploma or certificate by whatever name called:

(i) Reserved Seat means a seat reserved for the Scheduled Castes, Scheduled Tribes or other backward classes of citizens;

(j) Sanctioned Intake means and implies the total number of seats sanctioned by an authority notified by the state government for admitting students in each course of study in an Institution;

(k) State University means a University established or incorporated by an Act of the state legislature;

(l) Unaided Institution means a private Educational Institution, not being an Aided Institutions.

(m) Unreserved seat means a seat other than reserved seat.

Section 4.Reservation in favour of Scheduled castes, Scheduled tribes and other backward classes

Section 5.Responsibility and powers for compliance of the Act.

5. The State Government may, by a notified order, entrust the Head of the Institution or any officer or employee of the Institution with the responsibility of ensuring the compliance of the provision of this Act.

Section 6.Penalty and withdrawal of affiliation.

6.(1) Any Head of the Institution or any officer or employee of the institution entrusted with the responsibility under section 5 willfully acts in a manner intended to contravene or defeat the purposes of this Act shall be punishable with imprisonment which may extend to three months or with fine which may extend to one thousand rupees or with both.

(2) No court shall take cognizance of an offence under this section except with the previous sanction of the State Government or an officer authorized in this behalf by the State Government by an order.

(3) An offence punishable under sub-section (1) shall be tried summarily by a Metropolitan Magistrate or a Judicial Magistrate of the first class and the provisions of sub-section (1) of section 262, section 263, section 264 and section 265 of the code of Criminal Procedure, 1973 shall mutatis mutandis apply.

(4) Where the State Government or any officer or an authority authorized by it is satisfied that any institution has violated any provision of this Act or the rules or the orders made thereunder by the State Government, it may recommend to the appropriate statutory body for the withdrawal of the affiliation of recognition of such institution.

Section 7.Power to call for record.

7. If it comes to the notice of the State Government that any person belonging to any of the categories mentioned in sub-section (1) of section 4 has been adversely affected on account of non-compliance of the provisions of this Act or the rules made thereunder or the Government orders, it may call for such records from the concerned institution and take such action as it may consider necessary.

Section 8.Admission Committee.

8. The State Government may, by order, provide for nomination of officer for giving representation to the Scheduled Castes, Scheduled tribes and other backward classes of citizen in the Admission Committee to such extent and in such manner as may be prescribed.

Section 9.Caste certificate.

9. For the purpose of reservation provided under this act, caste certificate shall be issued by such authority or officer as may be notified by the State Government and in such manner and in such form as the State Government may, by order, provide.

Section 10.Removal of difficulties

10. If any difficulty arises in giving effect to the provisions of this Act, the State Government may, by an notified order, make such provisions not inconsistent with the provisions of this Act as appears to it to be necessary or expedient for removing the difficulty.

Section 11.Protection of action taken in good faith.

11. No suit, prosecution or any other legal proceeding shall lie against the State Government or any person for anything which is in good faith done or intended to be done, in pursuance of this Act or the rules made thereunder.

Section 12.Power to make rules.

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

Section 13.Laying of Order etc.

13. Every order made under section 5 and section 9 shall be laid, as soon as may be, before both the Houses of the State Legislature and the provisions of sub-section (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 14.Repeal and saving.

14.(1) The Uttar Pradesh Admission to educational institutions (Reservation for Schedule Castes Schedule tribes and other backward classes) Ordinance, 2006 is hereby repealed.

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