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Uttar Pradesh act 005 of 1982 : The Uttar Pradesh Secondary Education Services Selection Boards Act, 1982

CHAPTER-I
CHAPTER II
CHAPTER-III
CHAPTER IV
CHAPTER IV-A
CHAPTER V
CHAPTER VI
Section 1.Short title and commencement

-(1) This Act may be called the Uttar Pradesh Secondary Education [Services Selection Boards] Act, 1982.
(2) It shall be deemed to have come into force on July 14, 1981, except Section 21 which shall come into force on such date as the State Government may, by notification appoint in this behalf.


Section 2.Definitions

In this Act-


2[(a) 'Board' means the Uttar Pradesh Secondary Education Services Selection Board established under Section 3;
(b) 'Chairman' means the Chairman of the Board and includes any other person performing in the absence of the Chairman, for the time being, the functions of the Chairman;)
(c) 3[* * *]
(d) 'Director' means the Director of Education, Uttar Pradesh and includes an Additional Director of Education, Uttar Pradesh;
(d-1) 'Inspector means the District Inspector of Schools and in relation to an institution for girls, the Regional Inspectress of Girls Schools;
(e)'Institution' means an Intermediate College or a Higher Secondary School or a High School recognised under the Intermediate Education Act, 1921, and includes institution maintained, by a local authority, but does not include an institution maintained by the State Government;
(f) 'Management' in relation to an institution means the committee of management or person or authority vested with the power to manage and conduct the affairs of that institution;
4[(g) 'Member' means a member of the Board;
5[(h) [* * *],
(hh) 'other backward classes of citizens' means the backward classes of citizens specified in Schedule I of the Uttar Pradesh Public Services (Reservation for Scheduled Castes, Scheduled Tribes and other Backward Classes) Act, 1994;
(i) 'regulation' means any regulation made under Section 34;
(j) 6[* * *]
(k) 'Teacher' means a person employed for imparting instruction in an institution and includes a Principal or a Headmaster.
7[(k-1) [* * *]
(l) 'Year of recruitment' means a period of twelve months commencing from first day of July of a calendar year;


1. Subs. by U.P. Act No. 25 of 1998 (w.e.f. 27-7-1998).
2. Subs, by U.P. Act No. 25 of 1998 (w.e.f. 20-4-1998).
3. Omitted by U.P. Act No. 25 of 1998 (w.e.f. 20-4-1998).
4. Subs, by U.P, Act No, 31 of 1999, published in U.P. Gazette Extraordinary, Part I Section (ka), dated 29 July, 1999 and re-amended by U.P. Act No. 4 of 2008.
5 Omitted by U.P. Act No. 15 of 1995 (w.e.f. 28-12-1995).
6. Omitted by U.P. Act No. I of 1993 (w.e.f. 7-8-1993).
7. Now omitted by U.P. Act No. 31 of 1999, published in U.P. Gazette, Extra, Part I, Section(ka), dated 29 July, 1999.

Section 3.Establishment of the Board

(1) With effect from such date as the State Government may, by notification, appoint in this behalf, there shall be established a Board to be called the Uttar Pradesh Secondary Education Services Selection Board.


(2) The Board shall be a body corporate. It shall exercise powers throughout Uttar Pradesh and its headquarters shall be at Allahabad.

(3) The Uttar Pradesh Secondary Education Services Commission established under Section 3 of this Act as it stood immediately before the commencement of the Uttar Pradesh Secondary Education Services Commission (Amendment) Act, 1998 shall upon establishment of the Board under sub-section (1), stand dissolved, and upon such dissolution-

(a) all properties and assets of that Commission shall stand transferred to and vest in the Board;
(b) all debts, liabilities and obligations of that Commission whether contractual or otherwise, shall stand transferred to the Board:
(c) the services of every whole-time employee of that Commission shall stand transferred to the Board;
(d) any matter pending before that Commission under this Act as it stood immediately before establishment of the Board under sub-section (1) shall stand transferred to the Board.


8 Chapter Il containing Sections 3 to 11 have been inserted by 'Act No. 15 of 1995 (w.e.f. 28-12-1994) and subs. again by U.P. Act No. 25 of 1998 (w.e.f. 20-4-1998)

Section 4.Composition of the Board

(1) The Board shall consist of a chairman and ten members Composition who shall be appointed by the State Government, of the Board.


(2) A person shall not be qualified for a appointment as chairman unless he-
(a) is or has been a Vice-Chancellor of any Universityestablished by law; or
(b) is or has been in the opinion of the State Government an outstanding officer or the Administrative service not below the rank of secretary to the State Government or Director of Education, Uttar Pradesh.
10[(c) is in the opinion of the state government an eminent person having made valuable contribution in the field of education.

(3) Of the members,-

(a) two shall be persons who are educationist having made significant contribution in the field of education;
(b) two shall be persons who are or have been, in the opinion of the State Government, an outstanding officer of the State Educations Service not below the rank of Additional Director;
(c) other shall be persons who,-
(i) have worked as a professor in any university established by law in Uttar Pradesh or as a Reader of any Degree College recognized by or affiliated to such university for a period of not less than ten years; or
(ii) have worked as a Principal of any institution recognized under the Intermediate Education Act, 1921 for a period of not less than ten years; or
(iii) are, in the opinion of the State Government, an eminent educationist having made valuable contribution in the field of education.
(11[(iv)" is interested in the field of Education and a graduate from a recognized University."

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


9Subs. by U.P. Act No. 14 of 2001, Noti. No. 992 (2)/XVII-V-I-I (KA)-11-2001, dated 11 April, 2001 (w.e.f. 3 March, 2001) and amended by U.P. Act No. 4 of 2008.
10Section 4(2)/c) and 4(3)(c)(iv) inserted by U.P. Ordinance No. 5 of 2004 promulgated by the Governor on May 28, 2004 and pub. in the U.P. Gazette Extra Part 2 Section (Ka dated 28 May, 2004 p.p. 2,3.
11Subs. by U.P. Act No. 4 of 2008 published by U.P. Gazette Extra part (ka) dated 26 February 2008.

Section 5.Term of office and conditions of service of members

(1) Subject to the provisions of this Act, the chairman shall hold office for a term of five years and every Member shall hold office for a term of 12 [Two years].
(2) No person shall be a member for more than two consecutive terms.
(3) A member 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 terms and conditions of their service shall be such as the State Government may be order, direct.
13"(5) Notwithstanding anything contained in this section, no person shall hold office as the Chairman if he has attained the age of sixty-eight years and no person shall hold office as a member if he has attained the age of sixty-two years."
14["(6) The provisions of sub-section (1) as amended by the Uttar Pradesh Secondary Education Services Selection Board (Second Amendment) Act, 2006 shall apply also to every member holding office on the commencement of the said Act."


12 Sub-section (1) for the words Six years the word Two years shall be subs by U.P Act No. 22 of 2007 pub. in
U.P. Gazette Extra Part I Section (Ka dated 3 Aug, 2007 (w.e.f. 15-6-2007). 13 Subs. by U.P. Act No. 4 of 2008, published by U.P. Gazette Extra, Part (ka), dated 26 February, 2008.
14 Sub-section (6) inserted by U.P. Act No. 22 of 2007 published in U.P. Gazette Extra Part I Section(Ka) dated 3 August, 2007 (w.e.f. 15-6-2007).

Section 6.Powers of the State Government to remove the Member

.(1) The State Government may, by order, remove from office any member, if he-
(a) is adjudged an insolvent; or
(b) 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 infirmity of mind or body or of proved misconduct; or
(d) incurs any disqualification under this Act or the rules made thereunder.
Explanation-Where 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 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.


Section 7.Power to associate

.The Board may associate with itself, in such manner and for such purposes as may be determined by regulations made under Section 34, any person whose assistance or advice it may desire to have in carrying out any of the provisions of this Act.


Section 8.Staff of the Board

(1) The Secretary of the Board shall be appointed by the State Government on deputation for a term not exceeding five 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 Board may appoint such other employees as it may think necessary for the efficient performance of its functions under this Act and on such terms and conditions of service as the Board thinks fit.


Section 9.Powers and duties of the Board

-The Board shall have the following powers and duties namely
a) to prepare guidelines on matters relating to the method of direct recruitment of teachers;
(b) to conductexaminations,where necessary, and hold interviews and make selection, of candidates for being appointed as teachers;
(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 reduction in rank of teachers;
(f) to obtain periodical returns or other informations from institutions regarding strength of the teaching staff and the appointment, 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 Board;
(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.


Section 10.Procedure of selection by direct recruitment

(1) For the purpose of making appointment of a teacher, 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 Back- ward Classes) Act, 1994 and notify the vacancies to the Board in such manner and through such officer or authority as may be prescribed.
(2) The procedure of selection of candidates for direct recruitment to the post of teachers shall be such as may be prescribed:
Provided that the Board shall, with a view to inviting talented persons, give wide publicity in the State to the vacancies notified under sub- section (1).


Section 11.Panel of candidates

(1) The Board shall, as soon as may be, after the vacancy is notified under sub-section (1) of Section 10, hold examinations, where necessary, and interviews, of the candidates and prepare a panel of those found most suitable for appointment.
(2) The panel referred to in sub-section (1) shall be forwarded by the Board to the officer or authority referred to in sub-section (1) of Section 10 in such manner as may be prescribed.
(3) After the receipt of the panel under sub-section (2), the officer or authority concerned shall in the prescribed manner intimate the Management of the Institution the names of the selected candidates in respect of the vacancies notified under sub-section (1) of Section 10.
(4) The management shall, within a period of one month from the date of receipt of such intimation, issue appointment letter to such selected candidate.
(5) Where such selected candidate fails to join the post in such institution within the time allowed in the appointment letter or withinsuch extended time as the Management may allow in this behalf, or where such candidate is otherwise not available for appointment, the officer or authority concerned may, on the request of the Management, intimate, in the prescribed manner, fresh name or names from the panel forwarded by the Board under sub-section (2).


Section 12.Procedure of Selection by promotion

(1) For each region, there shall be a Selection Committee, for making selection of candidates for promotion to the post of a teacher, comprising


(i) Regional Joint Director of Education: -Chairman

(ii) Senior most Principal of Government Inter Collegian the region: --Member

(iii) Concerned District Inspector of School - Member/Secretary

(2) The procedure of selection of candidates for promotion to the post ora teacher shall be such as may be prescribed.
13 to 15-B. [Omitted]


15 Chapter III containing Sections 12, 12-A, 12-B, 12 C, 13, 14, 15, 15A and 15-B have been omitted by U.P. Act 15 of 1995 (w.e.f. 28-12-94) and Section 12 again ins. by UP Act No. 25 of 1998 (27-7-1998).

Section 16.Appointment to be made only on the recommendation of the Board

(1) Notwithstanding anything to the contrary contained the Intermediate Education Act, 1921 or the regulations made thereunder but 16[subject to the provisions of 17Sections 12, 18, 21-B, 21-C, 21-D, [21-E, 21-F, 21-G, 33, 33-A, 33-B, 33-C, 33-D, 33-F and 33-G"], every appointment of a teacher, shall on or after the date of the commencement of the Utter Pradesh Secondary Education Services Selection Board (Amendment Act, 2001 be made by the management only on the recommendation of the Board").
Provided that in respect of retrenched employees, the provisions of Section 16-EE of the Intermediate Education Act, 1921, shall mutatis mutandis apply.
Provide further that the appointment of a teacher by transfer from one Institution to another, may be made in accordance with the regulations made under Clause (c) of sub-section (2) of Section 16-G of the Intermediate Education Act, 1921.
18[Provided also that the dependent, of a teacher or other employee of an Institution dying in harness, who possesses the qualifications prescribed under the Intermediate Education Act, 1921 may be appointed as teacher in Trained Graduate's Grade in accordance with the regulations made under sub-section (4) of Section 9 of the said Act]
(2) Any appointment made in contravention of the provisions of subsection (1) shall be void."


16 Subs. by U.P. Act No. 25 of 1998 (w.e.f. 27-7-1998).
17 Subs. by Act No. 7 of 2016 Published in U.P. Gazette, Part I, Section (ka), dated 22 March, 2016.
18 Ins by U.P. Act No. 15 of 1995. w.e.f. 28.12.1994).

Section 17.Inquiry by Director

(1) Where any person is entitled to be appointed as a teacher in any institution in accordance with 19[ChapterII], but he is not so appointed by the management within the time provided therefore, he may apply to the Director or any Officer authorised by him for 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, in contravention of the provisions of this Act, he may, by order, direct-

(a) The management to appoint applicant as a teacher 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 his as a teacher.

(3) The amount of salary, if any, due to such teacher 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.


19 Subs by U.P. Act No. 15 of 1995 (w.e.f. 28-12-94)

Section 18.Ad hoc Principals or Headmasters

(1) Where the Management has notified a vacancy to the Board, in accordance with sub-section(1) of Section 10 and the post of the Principal or the Headmaster actually remained vacant for more than two months, the management shall fill such vacancy on purely ad hoc basis by promoting the senior most teacher.


(a) in the lecturer's grade in respect of a vacancy in the post of the Principal.
(b) in the trained graduate's grade in respect of a vacancy in the post of the Headmaster.

(2) Where the Management fails to promote the senior most teacher under sub-section (1) the inspector shall himself issue the order of promotion of such teacher and the teacher concerned shall be entitled to get his salary as the Principal or the Headmaster, as the case may be, from the date he joins such post is pursuance of such order of promotion.

(3) Where the teacher to whom the order of promotion is issued under sub-section (2) is unable to join the post of the Principal or the Headmaster, as the case may be, due to any act or omission on the part of the management, such teacher may submit his joining report to the Inspector, and shall thereupon be entitled to get his salary as the Principal or the Headmaster, as the case may be, from the date he submits the said report.

(4) Every appointment of an ad hoc Principal or Headmaster under sub-section (1) or sub-section (2) shall cease to have effect from when the candidate recommended by the Board joins the post.


20 Section I8 Subs. by U.P. Ordinance No. 19 of 2000 Published in U.P. Gazette Extra Part Section (Ka) dated 30 December 2000 (U.P Act No. 5 of 2001) (w.e.f. 3-12-2000).

Section 19.Power to call for information, etc

The 21[Board] may require the management of an Institution to furnish such information or return regarding the matters referred to in [Section 9], as it thinks fit, and the management shall be bound to comply with the same].


21 Subs. by U.P. Act 25 of 1998 (w.e.f. 20-4-1998)

Section 20.Power to inspect record, register, etc

The Secretary of the Board or any other person authorised by the 22[Board] 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 records or documents.


22 Subs. by U.P. Act 25 of 1998 (w.e.f. 20-4-1998).

Section 21.Restriction on dismissal etc. of teachers

23The Management shall not, except with the prior approval of the 24[Board], 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 or withhold his increment for any period (whether temporarily or permanently) and any such thing done without such prior approval shall be void.]


23 Subs. by U.P. Act 25 of 1998 (w.e.f. 20-4-1998).
24 Subs. by U.P. Act 25 of 1998 (w.e.f. 20-4-1998).

Section 21 B.Absorption of reserve pool teachers

(1) The Inspector shall maintain in the prescribed manner, a register of 'reserve pool teachers' consisting of subject wise lists of persons who were appointed as teachers in any institution situated in the district, either by the management or by the Inspector under sub-section (4) of Section 4 of the Uttar Pradesh High Schools and Intermediate Colleges (Payment of Salaries of Teacher and other Employees) Act, 1971 27 while the Uttar Pradesh High Schools and Intermediate Colleges (Payment of Salaries of Teachers and other Employees), Amendment Ordinance, 1977, was in force, and who had actually joined their duties in pursuance of the said provision between January 9, 1978 and January 19, 1978 (both days inclusive).


(2) Every reserve pool teacher, who having been appointed to the post of a teacher in any institution in accordance with the provisions of the Uttar Pradesh High Schools and Intermediate Colleges (Reserve Pool Teachers) Ordinance, 1978 (U.P, Ordinance No. 10 of 1978) or the Uttar Pradesh High School and Intermediate College (Reserve Pool Teachers) (Second) Ordinance, 1978 (U.P. Ordinance No. 22 of 1978), continues to be in service by reason of any order of any Court or by any other reason, shall be deemed to have been regularly appointed to such post and shall be entitled to be confirmed in such post with effect from the date on which he would have been confirmed in the normal course.

(3) Where any substantive vacancy in the post of a teacher in an institution is to be filled by direct recruitment such post shall, at the instance of the Inspector, be offered by the management to a teacher other than a teacher referred to in sub-section (2) whose name is entered in the register referred to in sub-section (1).

(4) If any teacher is offered appointment in accordance with the provisions of sub-section (3) and he fails to join the post within the time allowed therefor, which shall not be less than seven days, his name shall be removed from the register, referred to in sub-section (1), and the appointment shall be offered to the next reserve pool teacher of the same district in the subject.

(5) If such other teacher to whom offer of appointment is made also fails to join, then the same process shall be repeated until the list of reserve pool teachers of that district in the subject is exhausted.

(6) No appointment of any teacher to an institution shall be made under Section 16 until the list of reserve pool teachers of that district in the subject concerned is exhausted in accordance with sub-section (5).

Explanation.-For the removal of doubts, it is hereby declared that no teacher shall, by virtue of the provisions of this section, be entitled to claim appointment to any particular post which he had joined in the manner referred to in sub-section (1), or to any other post carrying the same or a higher grade.


27 See U.P. High School Intermediate College (Payment of Salaries to Teachers and other Employees) Rules, 1993 under the Heading 'Salary' appended with this book.

Section 21 C.Power of Director regarding transfer

-(1) Where the vacancies available for teaching in any subject are less than the number of reserve pool teachers available for appointment in any district, or where it is otherwise necessary or expedient so to do, the Director, may, notwithstanding anything contained in Section 21-B, direct that the name of any such teacher be excluded from the register maintained in one district and be included in the register maintained in another district.


(2) Where the name of a reserve pool teacher is included in the register of another district in accordance with the provisions of sub- section (1), the provision of Section 21-B shall mutatis mutandis apply to such a teacher, except that the requirement of service as a teacher in such district shall not be necessary


Section 21 D.Appointment of teachers on default by management

-(1) Where the management fails to offer any post to a teacher in accordance with the provisions of sub-section (3) of Section 21-B within the time specified by the Inspector, the Inspector may, himself issue the letter of appointment to such teacher and the teacher concerned shall be entitled to get his salary from the date he joins the post in pursuance of such letter of appointment.


(2) Where the teacher to whom the letter of appointment is issued under sub-section (1), is unable to join the post due to any act or omission on the part of the Management, such teacher may submit his joining report to the Inspector, and shall thereupon be entitled to get his salary from the date he submits the said report.


Section 21 F.Appointment of teachers on default by management

Where the management fails to offer any post to a subject expert in accordance with the provisions of sub-section (3) of Section 21-E within the time specified by the Inspector, the inspector, may himself issue the letter of appointment to such subject expert and the subject expert concerned shall be entitled to get his salary as teacher from the date he joins the post in pursuance of such letter of appointment.


(2) Where the subject expert to whom the letter of appointment is issued under sub-section (1), is unable to join the post due to any act or omission on the part of the Management such subject expert may submit his joining report to the Inspector, and shall thereupon be entitled to get his salary from the date he submits the said report.


29 New Section 21-E and 21-F Inserted by U.P. Act No. 37 of 2006, Published in U.P. Gazette Extra Part I Section (Ka) dated 11 December, 2006.

Section 21 G.Reconning of services rendered as subject expert in certain cases

The services rendered as subject expert in private aided Secondary Schools, shall be added to the services after adjustment on substantive vacancy to be filled by direct recruitment in notional way (without any financial gain) for administrative interest. Services rendered by subject expert on contractual basis shall in no way be reckoned as qualifying service for retirement benefits.")


30 New Section 21-G Inserted by U.P. Act No. 21 of 2014. Published in U.P. Gazette 2. Extra Part I Section (Ka) dated 4 December, 2014 (w.e.f. 20-8-2014).

Section 21 A.Definitions

-In this Chapter-


(a) 'Director means the Director of Education, Uttar Pradesh and includes any other officer authorised by him in this behalf,

(b) the expressions 'Inspector', Institution', Management and Teacher' shall have the meaning respectively assigned to them in the Uttar Pradesh High Schools and Intermediate Colleges (Payment of salaries of teachers and other employees) Act, 197126 provided that 'teacher' shall not include a principal or a headmaster.


25 Chapter IV-A has been inserted by U.P Act No. 19 of 1985

Section 26.Certain proceedings not to be invalidated

-No act or proceeding of the 34[* * * the 35[Board] shall be deemed to be invalid merely on the ground of-


(a) any vacancy or, defect in the constitution of the 36[* * *] the 37[Board]; or

(b) any defect or irregularity in the appointment of a person acting as a member thereof;

(c) any defect or irregularity, in such act or proceeding not affecting the substance.


34 Omitted by U.P. Act No. 1 of 1993 (w.e.f. 7-8-93).
35 Subs. by .P. Act No. 25 of 1998 (w.e.f. 20-4-98).
36 Omitted by U.P. Act No. I of 1993 (w.e.f. 7-8-93).
37 Subs. by U.P. Act 25 of 1998 (w.e.f. 20-4-1998).

Section 27.Authentication of the orders

All orders and decisions of the Commission shall be authenticated by the signature of the Secretary appointed under Section 8 or any other officer authorised by the 39[Board].


38 Subs. by U.P. Act No. 15 of 1995 (w.e.f. 28-12-94).
39 Subs. by U.P. Act No. 25 of 1998 (w.e.f. 20-4-1998).

Section 28.Provisions of Chapter IV of U.P. Act 16 of 1980 to apply

The provisions of Chapter IV of the Uttar Pradesh Higher Education Services2[Commission] Act. 1980, shall mutatis mutandis apply to the 2[Board] established under this Act as they apply to the Board established under that Act


Section 29.Delegation

The Board may, by regulation made under Section 34, delegate to its Chairman or any of its Members or officers, its power of general superintendence and direction over the business transacted by or in the 8[Board] including the powers with regard to the expenditure incurred in connection with the maintenance of the office and internal administration of the 8[Board]


8 Amended by U.P. Act No. 25 of 1998 (w.e.f. 27-07-1998).
40 Ins. by U.P. Act No. 15 of 1995 (w.e.f. 28-12-94).

Section 30.Exemption to minority Institutions

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


Section 31.Protection of action taken in good faith

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


Section 32.Applicability of U.P. Act II of 1921

The provisions of the Intermediate Education Act, 1921 and the Regulations made thereunder in so far as they are not inconsistent with the provisions of this Act 41[or the rules or regulations made thereunder] shall continue to be in force for the purposes of selection, appointment, promotion, dismissal, removal, termination or reduction in rank of a teacher.


41 Subs. by U.P. Act No. 15 of 195 (w.e.f. 28 12 1994).

Section 33 F.Regularisation of appointment against short term vacancies

-(1) Any teacher who,-


(a) was appointed by promotion or by direct recruitment in the lecturer's grade or trained graduates grade on or after May 14, 1991 but not later than August 6, 1993 against a short term vacancy in accordance with Paragraph 2 of the Uttar Pradesh Secondary Education Services Commission (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 upto the date of the commencement of the Uttar Pradesh Secondary Education Services Selection Board (Amendment) Act, 2001;

(d) has been found suitable for appointment in a substantive capacity by the Selection Committee referred to in Clause (a) of sub-section (2) of Section 33-C in accordance with the procedure prescribed under Clause (b) of the said sub-section: shall be given substantive appointments by the Management.

(2) (a)The names of the 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 substantive 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 that 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 ordinance 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 this Act.


50 Section 33-F Ins. by U.P. Ordinance No. 19 of 2000, Published in U.P. Gazette, Extra Part 2. Section (ka), dated 30 December, 2000 (U.P. Act No. 5 of 2001).

Section 33 G.Regularisation of certain more appointments against short term vacancies

Any teacher, other than the Principal or the Headmaster, who-


(a) was appointed by promotion or by direct recruitment in the lecturer's grade or trained graduate grade on or after August 7, 1993, but not later than January 25, 1999 against a short term vacancy in accordance with paragraph 2 of the Uttar Pradesh Secondary Education Services Commission (Removalof Difficulties) (Second) Order, 1981, as amended from time to time, and such vacancy was subsequently converted into a substantive vacancy:

(b) was appointed by promotion or by direct recruitment on or after August 7, 1993, but not later than December 30, 2000 onadhoc basis against substantive vacancy in accordance with Section 18, in the Lecturer grade or Trained Graduate grade;

(c) possesses the qualifications prescribed under, or is exempted from such qualification in accordance with, the provisions of the Intermediate Education Act, 1921;

(d) has been continuously serving the institution from the date of such appointment up to the date of the commencement of the Uttar Pradesh Secondary Education Services Selection Board (Amendment) Act, 2016;

€ has been found suitable for appointment ina substantive capacity by the selection committee referred to in clause (a) of sub-section (2) of Section 33-C in accordance with the procedure prescribed under clause (b) of the said sub-section;

shall be given substantive appointments by the Management.

(2)(a) The names of the 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 subsection (1) shall be deemed to be on probation from the date of such substantive 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 the 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 Uttar Pradesh Secondary Education Services Selection Board (Amendment) Act, 2016 such vacancy had already been filled or selection for such vacancy has already been made in accordance with this Act.

(6) The services of the adhoc teachers and the teachers who have been appointed against short term vacancies shall be regularised from the date of commencement of the Uttar Pradesh Secondary Services Selection Board (Amendment) Act, 2016.

(7) Reservation Rules shall be followed in regularisation of adhoc teachers and teachers who are appointed against short term vacancies.

(8) Adhoc teachers, who have not been appointed either in accordance with the Uttar Pradesh Secondary Education Services Commission (Removal of Difficulties) Order, 1981 or in accordance with Section 18 of the Uttar Pradesh Secondary Education Services Selection Board Act, 1982 and are otherwise getting salary only on the basis of Interim/Final orders of the court shall not be entitled for regularisation.]


51 New Section 33-G, Ins. by U.P. Act No. 7 of 2016 Published in U.P. Gazette, Extra., Part I, Section (Ka) dated 22th March, 2016

Section 33.Power to remove difficulties

(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: 42[Provided that no such order shall be made after two years from the date of commencement of the Uttar Pradesh Secondary Education Services Selection Boards (Amendment) Act, 1995.]


(2) Every order made under sub-section (1) shall be laid before both the Houses of State Legislature.

(3) No order under sub-section (1) shall be called in question in any Court on the ground that no difficulty as is referred to in sub-section (1) existed or required to be removed.


42 Subs. by U.P. Act No. 15 of 1995 (w.e.f. 28-12-1994).

Section 33 C.Regularisation of certain more appointments

(1) Any teacher who,-


(a) (i) was appointed by promotion or by direct recruitment on or after May 14,1991 but not later than August 6, 1993 onad hoc basis against substantive vacancy in accordance with Section 18, in the Lecturer grade or Trained Graduategrade;

(ii)was appointed by promotion on or after July 31, 1988 butnot later than August 6, 1993 on ad hoc basis against a substantive vacancy in the post of a Principal or Headmaster in accordance with Section 18;

(b)possesses the qualifications 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 up to the date of the commencement of the Uttar Pradesh Secondary Education Services Commission (Amendment) Act, 1998;

(d) has been found suitable for appointment in a substantive capacity by a Selection Committee constituted under sub-section (2); shall be given substantive appointment by the Management.

(2) (a)For each region, there shall be a Selection Committee comprising,-

(i) Regional Joint Director of Education of that region, who shall be the Chairman;

(ii) Regional Deputy Director of Education (Secondary) who shall be member;

(iii) Regional Assistant Director of Education (Basic) who shall be member;

In addition to above members the District Inspector of Schools of the concerned district shall be co-opted as member while considering the cases for regularisation of that district.

(b) The procedure of selection for substantive appointment under subsection (2) shall be such as may be prescribed.

(3) (a) The names of the 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.

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

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

(6) Nothing in this section shall be construed to entitle any teacher to substantive appointment, if on the date of commencement of the Ordinance 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 this Act.


48 Section 33-C and 33-D ins. by U.P. Act No. 25 of 1998 (w.e.f. 20-4-1998).

Section 33 D.Special provision for Certificate of Teaching grade teachers

-Every teacher in the Certificate of Teaching grade, who is a trained graduate and,-


(a) has completed ten years continuous satisfactory service in the said grade on or before January 1, 1986 shall, with effect from January 1, 1986; or

(b) completes the said service of ten years after January 1, 1986 shall, with effect from the date of completion of the said service of ten years; be deemed to have been appointed in the Trained Graduate Grade].



Section 33 A.Regularisation of certain appointments

-(1) Every teacher directly appointed, before the commencement of the Uttar Pradesh Secondary Education Services Commission and Selection Boards (Amendment) Ordinance, 1985, on ad hoc basis against a substantive vacancy in accordance with Paragraph 2 of the Uttar Pradesh SecondaryEducation Service Commission (Removal of Difficulties) Order, 1981, as amended from time to time, who possesses the qualifications prescribed under, or is exempted from such qualifications in accordance with, the provisions of the Intermediate Education Act, 1921, shall, with effect from the date of such commencement, be deemed to have been appointed in a substantive capacity provided such teacher has been continuously serving the institution from the date of such appointment up to the date of such commencement.


43[(1-A) Every teacher appointed by promotion, on ad hoc basis against a substantive vacancy in accordance with paragraph 2 of the Uttar Pradesh Secondary Education Services Commission (Removal of Difficulties) Order, 1981, as amended from time to time, who possesses the qualifications prescribed under, or is exempted from such qualifications in accordance with the provisions of, the Intermediate Education Act, 1921 shall, with effect from the date of commencement of the Uttar Pradesh Secondary Education Services Commission and Selection Boards (Amendment) Act, 1991, be deemed to have been appointed in a substantive capacity provided such teacher has been continuously serving the institution from the date of such ad hoc appointment to the date of such commencement.

(1-B) Every teacher directly appointed after June 12, 1985 and before May 13, 1989 on ad hoc basis against a substantive vacancy in the Certificate of Teaching grade, in accordance with paragraph 2 of the Uttar Pradesh Secondary Education Services Commission (Removal of Difficulties) Order, 1981, as amended from time to time, who possesses the qualifications prescribed under, or is exempted from such qualifications in accordance with the provisions of, the Intermediate Education Act, 1921 shall, with effect from the commencement of the Uttar Pradesh Secondary Education Services Commission and Selection Boards (Amendment) Act, 1991, be deemed to have been appointed in a substantive capacity provided such teacher has been continuously serving the institution from the date of such ad hoc appointment to the date of such commencement.

(1-C) Every teacher appointed by promotion or by direct recruitment before July 31, 1988 on ad hoc basis against a substantive vacancy in accordance with Section 18, who possesses the qualifications prescribed under, or is exempted from such qualifications in accordance with the provisions of the Intermediate Education Act, 1921 shall, with effect from the date of commencement of the Uttar Pradesh Secondary Education Services Commission and Selection Boards (Amendment) Act, 1991 be deemed to have been appointed in a substantive capacity provided such teacher has been continuously serving the institution from the date of such ad hoc appointment to the date of such commencement.]

44[(2) Every teacher deemed to have been appointed in a substantive capacity undersub-section (1) or (1-A) or (1-B) or (1-C), shall be deemed to be on probation from the date of commencement referred to in sub- section (1) or (1-A) or (1-B) or (1-C) as the case may be.

(3) Nothing in this section shall be construed to entitle any teacher to substantive appointment-

(a) if on the date of [45commencement referred to in sub-section (1) or (1-A) or (1-B) or (1-C) as the case may be), such post had already been filled or selection for such post had already been made in accordance with this Act, or
(b) if such teacher was related to any member of the Committee of Management or the Principal or Head Master of the institution concerned.

Explanation-For the purposes of this sub-section a person shall be deemed to be related to another, if-

(i) they are members of a Hindu undivided family; or
(ii) they are husband and wife; or
(iii) the one is related to the other in the manner indicated in the Second Schedule to the Intermediate Education Act, 1921.]


43 Sub-section (1-A. 1-B) & (1-C) have been ins by UP. Act No. 26 of 1991 (w.e.f. 6-4-1991).
44 Subs. by U.P. Act No. 26 of 1991 (w.e.fr 6-4-1991).
45 Subs. by U.P. Act No. 26 of 1991 (w.e.f. 6-4-1991).

Section 33 B.Regularisation of certain other appointments

46[(1) Any teacher, other than the Principal or Headmaster, who-


(a)(i) was appointed by promotion or by direct recruitment in the Lecturer grade or Trained Graduate grade on or before May 14, 1991 or in the Certificate of Teaching grade on or before May 13, 1989 against a short term vacancy in accordance with Paragraph 2 of the Uttar Pradesh Secondary Education Services Commission (Removal of Difficulties) (Second) Order, 1981 and such vacancy was subsequently converted into a substantive vacancy; or

(ii) was appointed by direct recruitment on or after July 14, 1981 but not later than June 12, 1985 on ad hoc basis against a substantive vacancy in the Certificate of Teaching grade through advertisement and such appointment was approved by the Inspector; or

(iii) was appointed by promotion or -by direct recruitment on or after July 31, 1988 but not later than May 14,1991 on ad hoc basis against a substantive vacancy in accordance with Section 18, 47[as it stood before its substitution by the Uttar Pradesh Secondary Education Services Commission and Selection Boards (Second Amendment) Act, 1992;]

(b) possesses the qualifications 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 up to the date of the commencement of the Act referred to in sub-clause (iii) of Clause (a);

(d) is not related to any member of the management or the Principal or Head Master of the Institution concerned in the manner specified in the explanation to sub-section (3) of Section 33-A;

(e) has been found suitable for appointment in a substantive capacity by a Selection Committee constituted under sub-section (2), shall be given substantive appointment by the management.

(2) (a) For each region, there shall be a Selection Committee comprising

(i) Regional Deputy Director of Education of that region, who shall be the Chairman.

(ii) One officer holding a Group 'A' post (specified as such by the State Government from time to time) in any department other than Education Department, to be nominated by the State Government.

(iii) Regional Inspectress of Girls School of that region: Provided that the Inspector of the district shall be co-opted as a member while considering the cases for regularisation of that district.

(b) The Selection Committee constituted under Clause (a) shall consider the case of every such teacher and on being satisfied about his eligibility and suitability in view of the provisions of sub-section (1) shall, subject to the provisions of sub-section (3) recommend his name to the Management for appointment under sub-section (1) in a substantive vacancy. (3) (a) The names of the 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.

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

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

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


46 Ins. by U.P. Act No. 1 of 1993 (w.c.f. 7-8-1993).
47 Subs. by U.P. Act No. 15 of 1995 (w.e.f. 28-12-1994).

Section 33 E.Rescission of orders

The Uttar Pradesh Secondary Education Services Commission (Removal of Difficulties) Order, 1981, the Uttar Pradesh Secondary Education Services Commission (Removal of Difficulties) (Second) Order, 1981, the Uttar Pradesh Secondary Education Services Commission (Removal of Difficulties) (Third) Order, 1982 and the Uttar Pradesh Secondary Education Services Commission (Removal of Difficulties) (Fourth) Order, 1982 are hereby rescinded.


49 Ins. by Act No. 13 of 1999 (w.e.f. 25-1-1999)

Section 34.Power to make regulations

(1) The 53[Board) may, with the prior 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 Board 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 35.]


52 Ins. by U.P. Act No. 15 of 1995 (w.e.f. 28-12-1994)
53 Subs. by U.P. Act No. 25 of 1998 (w.e.f. 27-7-1998).

Section 35.Power to make rules

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


Section 36.Repeal and Savings

(1) The Uttar Pradesh Secondary Education Services Commission and Selection Boards (Second) Ordinance. 1981 is hereby repealed.


(2) Notwithstanding such repeal, anything done or any action taken under the Ordinance referred to in sub-section (1) of the Uttar Pradesh Secondary Education Services Commission and Selection Boards (Second) Ordinance, 1981, shall be deemed to have been done or taken under this Act, as if this Act were in force at all material times.


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