Uttar Pradesh act 015 of 2023 : The UTTAR PRADESH EDUCATION SERVICE SELECTION COMMISSION ACT, 2023

CHAPTER-1

PRELIMINARY

CHAPTER-II

ESTABLISHMENT AND FUNCTIONS OF THE COMMISSION

CHAPTER-III

APPOINTMENT OF SELECTED TEACHERS/INSTRUCTORS

CHAPTER-IV

ANNUAL REPORTS AND ACCOUNTS

CHAPTER-V

MISCELLANEOUS

Section 1.Short title

This Act may be called the Uttar Pradesh Education Service Selection Commission Act, 2023.

Section 2.Definitions

In this Act, unless the context otherwise requires,-

a. "Appointing Authority" means the authority empowered to make appointment in the relevant Acts/service rules/University Statutes, as the case may be ;

b. "Authorized Officer" means the Director or any other person authorized by the State Government for this purpose ;

c. "Board" means the Uttar Pradesh Board of Secondary Education, Prayagraj, or the Uttar Pradesh Basic Education Board, Prayagraj, or the State Council for Vocational Training, Uttar Pradesh, Lucknow, for secondary education, basic education and industrial training, respectively;

d. "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;

e. "Commission" means the Uttar Pradesh Education Service Selection Commission established under section 3;

f. "Director" means the Director of Higher Education, or Director of Secondary Education, or Director of Basic Education, or Director of Minority Welfare, or Director of Training and Employment, and Director General of Atal Residential School, and it includes Joint Director of Higher Education and Joint Director of Secondary Education, Basic Education;

g. "Institution" means any of the following institutions:-

i. an affiliated or associated non-government aided college, aided minority college to which the privilege of affiliation has been granted by a University governed by the Uttar Pradesh State Universities Act, 1973 (U.P. Act no. 10 of 1973), respectively.

ii. a non-government aided Intermediate College or a Higher Secondary School or a High School and attached primary school recognized under the Intermediate Education Act, 1921 (U.P. Act no. 2 of 1921);

iii. a non-government aided minority intermediate college or minority higher secondary school or minority high school and attached primary school recognized under the Intermediate Education Act, 1921;

iv. a school run and managed by the Uttar Pradesh Basic Education Board;

v. non-government aided junior high schools and attached primary schools recognized by Uttar Pradesh Basic Education Board;

vi. an aided minority junior high school and attached primary school governed by the Uttar Pradesh Basic Education Board;

vii. Certificate-level Government Industrial Training Institutes operated under the Department of Vocational Education and Skill Development;

viii. Atal Residential Schools run by the Atal Residential School Committee.

h. "Instructor" means a person employed for imparting training in certificate-level Government Industrial Training Institutes under the Department of Vocational Education and Skill Development;

i. "Management" in relation to an institution means the management committee or person or authority vested with the power to manage and conduct the affairs of that institution;

j. "Member" means a member of the Commission;

k. "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 (U.P. Act no. 4 of 1994);

l. "Prescribed" means prescribed by rules made under this Act;

m. "Regulation" means any regulation made under section 28;

n. "Teacher" means a person employed for imparting instruction in an institution and includes a Principal or Vice-Principal or a Headmaster. It shall also include Heads of Departments of Technical Education Institutes and Workshop Superintendents;

o. "Year of recruitment" means a period of twelve months commencing from the first day of July of a calendar year.

(2) Words and expressions used herein and not defined but defined in the Uttar Pradesh State Universities Act, 1973 (U.P. Act no. 10 of 1973), Intermediate Education Act, 1921 (U.P. Act no. 2 of 1921), Uttar Pradesh Basic Education Act, 1972 (U.P. Act no. 34 of 1972), Uttar Pradesh Government Industrial Training Institutes (Instructors and Foreman Instructors) Service Rules, 2021, shall have the same meanings as respectively assigned to them in the said Acts, Rules and Statute.

Section 3.Establishment of the Commission

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

(2) The Commission shall be a body corporate. It shall exercise powers throughout the State of Uttar Pradesh and its headquarter shall be at Prayagraj.

Section 4.Composition of the Commission

(1) The Commission shall consist of a Chairperson and twelve members who shall be appointed by the State Government.

(2) A person shall be qualified for appointment as Chairperson if he/she-

a. is or has been a member of the Indian Administrative Service and has held the post of Principal Secretary or equivalent thereto in the State Government; or

b. is or has been a Vice-Chancellor of any University established by law; or

c. is or has been a Professor of any University established by law for at least ten years and has at least three years of administrative experience.

(3) Of the members,-

a. one shall be a person who is or has been a member of the Indian Administrative Service and has held the post of Secretary or any other equivalent post under the State Government;

b. one shall be a person, who is or has been, not below the rank of Joint Director, Higher Education, whose services have been of an excellent order;

c. one shall be a person, who is or has been, not below the rank of Additional Director, Vocational Education, whose services have been of an excellent category;

d. one shall be a person, who is or has been, not below the rank of Joint Director, Secondary Education, whose services have been of an excellent category;

e. one shall be a person, who is or has been, not below the rank of Joint Director, Basic Education, whose services have been of an excellent category;

f. one shall be a person who has been a member of the Judicial service (District Judge level) with distinguished service;

g. Six shall be educationists whose services have been outstanding and who, in the opinion of the State Government, have made significant contributions to the field of education.

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

Section 5.Term of Office and Conditions of Service of Chairperson and Members

(1) Subject to the provisions of this Act, the Chairperson shall hold office for a term of three years from the date of appointment and shall not hold office as such after attaining the age of sixty-five years, whichever is earlier. Subject to the provisions of this Act, the Member shall hold office for a term of three years from the date of appointment and shall not hold office as such after attaining the age of sixty-five years, whichever is earlier.

(2) No person shall be a Chairperson or member for more than two terms.

(3) A Chairperson or member may resign from his/her 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 and members shall be full-time, and the terms and conditions of their service shall be such as the State Government may, by order, direct.

Section 6.Power of State Government to remove the Chairperson and Members

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

a. is adjudged insolvent by a Court; 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. is liable to any disqualification under this Act or the rules made thereunder.

Explanation: Where a Chairperson or 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.

Section 7.Power to Associate

The Commission may associate with itself, in such manner and for such purpose, 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 Commission

(1) The Secretary, the Controller of Examinations, the Controller of Finance, 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 deem necessary for the efficient performance of its functions under this Act and on such terms and conditions of service as it deems fit.

Section 9.Powers and Duties of the Commission

The Commission shall have the following powers and duties, namely:-

a. to prepare guidelines on matters relating to the method of direct recruitment of teachers or instructors;

b. to conduct examinations, where necessary, and hold interviews and select candidates for appointment as teachers or instructors;

c. to conduct and organize the Uttar Pradesh Teacher Eligibility Test;

d. to select and invite experts and to appoint examiners for the purposes of clause (b);

e. to make recommendations regarding the appointment of selected candidates;

f. to obtain periodical returns or other information from institutions regarding the strength of the teachers or instructors and the vacancies for the appointment of teachers or instructors from Authorized Officer through State Government;

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 discharge of its functions under this Act or the rules or regulations made thereunder;

j. to follow the provisions of the policy/procedure made from time to time by the Department of Personnel, Uttar Pradesh regarding selection/appointment.

Section 10.Determination of Vacancies, Requisition, and Selection Procedure

(1) For the purpose of making an appointment of a teacher or instructor by direct recruitment, the Appointing Authority or Management or Authorized Officer 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 determine 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 (U.P. Act no. 4 of 1994), and persons belonging to economically weaker sections in accordance with the Uttar Pradesh Public Services (Reservation for Economically Weaker Sections) Act, 2020 (U.P. Act no. 10 of 2020) and other directions issued by the Government from time to time, and notify the vacancies to the Commission in such manner and through such officer or authority as may be prescribed. The Commission shall decide the eligibility and accordingly advertise the vacancies received in the manner as may be prescribed.

(2) The procedure of selection of candidates for direct recruitment to the posts of teachers or instructors shall be such as may be prescribed.

(3) Regarding appointment in religious and linguistic minority educational institutions for maintaining quality of education, process of selection shall be completed by compulsorily inviting educationist of that particular religion and language (having knowledge of theology and culture) as experts.

Section 11.Panel/List of Candidates

(1) The Commission shall, as soon as may be, after a vacancy is notified under sub-section (1) of section 10, conduct, wherever necessary, examinations or interviews or conduct the examination and interview of the candidates and prepare a panel/list of those found most suitable for appointment.

(2) The panel referred to in sub-section (1) shall be forwarded to the prescribed officer or Authorized Officer 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 prescribed officer or Authorized Officer shall, in the prescribed manner, intimate the Appointing Authority of the names of the selected candidates in respect of the vacancies notified under sub-section (1) of section 10.

(4) The Appointing Authority shall, within a period of thirty days from the date of receipt of such information, issue appointment letters to such selected candidates and facilitate the selected candidate to join the duties in the prescribed manner.

(5) Where such selected candidate fails to join the post of a teacher or instructor 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 Authorized Officer shall, on the request of Management, intimate in the prescribed manner, fresh name or names from the panel/list forwarded by the Commission under sub-section (2). Such time limit shall be up to a maximum of one year after the date of issuing of the appointment letter.

(6) If the Management/ Appointing Authority fails to issue appointment letter to a selected candidate on reasonable grounds (the Management/ Appointing Authority is to mention the appropriate reason) then a panel of remaining candidates from the list/panel of candidates under sub-section (1) will be made available to the Institute only once. Still, if the Management/Appointing Authority fails to issue appointment letter then the concerned post will be abolished as per the prescribed method.

Section 12.Appointments to be made only on the Recommendations of the Commission

Every appointment of a teacher or instructor shall be made by the Appointing Authority only on the recommendation of the Commission, and any appointment made in contravention of the provisions of this Act shall be void:

Provided that the appointment of a teacher or instructor by transfer from one institution to another or by promotion in any institution or the appointment of a teacher or instructor as a dependent of an employee dying in harness cases may be made as per the provisions given in the relevant Acts or rules or regulations.

Section 13.Inquiry by Director

(1) Where any person, in accordance with the provisions of this Act, is entitled to be appointed as a teacher or instructor but is not so appointed by the Appointing Authority within the time provided for the same, he may appeal to the Director or any officer authorized by him for a direction under sub-section (2) of this section.

(2) As far as may be within one month from the date of receipt of an application under sub-section (1), the Director or an officer authorized by him may hold an inquiry, and if he is satisfied that the Appointing Authority has failed to appoint the applicant as a teacher or instructor as per the provisions of this Act, he may, by order, direct -

a. the Appointing Authority to appoint the applicant as a teacher or instructor with immediate effect and to pay him salary from the date specified in the order; and

b. the concerned Head of the Institution to take work from the applicant as a teacher or an instructor.

(3) The amount of salary, if any, due to such teacher or instructor shall, on a certificate issued by the Director or an officer authorized by him in this behalf, 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.

Section 14.Mode of Adjustment in Case of not Joining of Duty by Candidates Selected by the Commission

If any selected candidate recommended by the Commission in the panel/list sent under the provisions of section 11 fails to join the allowed Institution due to erroneous requisition or appointment of a dependent of an employee dying in harness or any order of the Honourble Supreme Court or High Court or abolition of the post, or any other reason (the Management is to mention the specific reason), the following procedure shall be adopted :-

a. Concerned selected candidate shall submit his representation before the Director, mentioning the reasons for him not taking charge;

b. The Director shall, after detailed enquiry on the representation submitted by the candidate, fix responsibility against the responsible Institution or Appointing Authority for sending erroneous 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, or make available, as may be prescribed, the 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 11.

Section 15.Power to Call for Information and Inspect the Record, Register, etc.

The Commission may require to furnish such information or return regarding the matters referred to in section 9 as it thinks fit, from the Authorized Officer through State Government and the Authorized Officer shall accordingly comply with the same.

Section 16.Conditions of Service of Teachers or Instructors

The conditions of service of teacher or instructor can be decided as per the provisions given in the relevant Acts/ Service Rules/ Regulations/ University Statutes, as the case may be.

Section 17.Financial Management of the Commission

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

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

(3) The estimate of income-expenditure shall be prepared by the Controller of Finance under the supervision and direction of the Secretary, and expenditure shall be 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, the Deputy Secretary, and the Controller of Finance and shall exercise all such financial powers as are ordinarily vested in the Head of the Department, in addition to all other financial powers delegated to the Chairperson by the Commission.

(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 may be vested in the Head of an Office. In addition, the Commission may delegate such other financial powers to the Secretary as it may consider necessary.

Section 18.Annual Reports

The Commission shall prepare annually, in such form and at such time as may be prescribed, an annual report giving an accurate and complete account of its activities during 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.

Section 19.Accounts and Audit

(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 possible after closing its annual accounts, prepare a 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 Generals (Duties, Powers and Conditions of Service) Act, 1971 (Act no. 56 of 1971).

(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 the Houses of the State Legislature.

Section 20.Punishment for appointment of Teachers or Instructors in contravention of the provisions of Act

Any entity, which means Appointing Authority, Management and Institution, failing to comply with the recommendations of the Commission or which fails to comply with the order or direction of the Director under section 13, or appoints a teacher in contravention of the provisions of this Act, shall be liable to legal action.

Section 21.Protection of action taken in good faith

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

Section 22.Prohibition of Prosecution

No prosecution for any offence under this Act shall be instituted without the previous sanction of the Director or such officer or authority as the State Government may, by general or special order, specify in this behalf.

Section 23.Certain Proceedings not invalid

No act or proceeding of the Commission shall be deemed to be invalid merely on the ground of:

a. any vacancy in, or defect in, the constitution of the Commission; or

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

c. any defect or irregularity in such act or proceeding not having any material effect.

Section 24.Authentication of Decisions

All orders and decisions of the Commission shall be authenticated by the signature of the Secretary appointed under section 8 or any other officer authorized by the Commission.

Section 25.Delegation

The Commission may, by regulations made under section 28, confer on its Chairperson or any member or officer, the power to delegate the general superintendence of and directions in connection with the work done by or in the Commission, including the expenditure incurred for maintenance of office and the internal administration of the Commission.

Section 26.Transfer of Assets and Matters

To make the Commission function practically, the staff of the Uttar Pradesh Higher Education Service Commission and the Uttar Pradesh Secondary Education Service Selection Board will be transferred to the Commission. In the course of time, after the abolition of the Uttar Pradesh Higher Education Service Commission and Uttar Pradesh Secondary Education Service Selection Board, any matter pending before them, their assets, loans, liabilities, obligations and services of full-time employees will be transferred to the Commission.

Section 27.Power to make rules

(1) The State Government shall, by notification in the Gazette, make rules for carrying out the purposes of this Act.

(2) All rules made under this Act shall, as soon as may be after they are made, be laid before each House of the State Legislature, while it is in session, for a total period of fourteen days which may be comprised in its one session or in two or more successive sessions and shall, unless some later date is appointed, take effect from the date of their publication in the Gazette subject to such modifications or annulments as the two Houses of the Legislature may agree to make, so however, that any such modification or annulment shall be without prejudice to the validity of anything previously done thereunder.

Rules

Year	Description	Hindi Description	Files(Eng)	Files(Hindi)
13-12-2023	Uttar Pradesh Education Service Selection Commission Rules, 2023

Section 28.Power to make regulations

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

(2) The regulations made under sub-section (1) shall not be inconsistent with the provisions of this Act and the rules made thereunder.

Section 29.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:

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, as soon as may be after it is made, before both the Houses of State Legislature.

Section 30.Overriding Effect of the Act

Regarding the selection of teachers or instructors, the provisions of this Act shall have effect notwithstanding anything contrary to the rules, regulations, or Statutes contained in the Uttar Pradesh State University Act, 1973, Intermediate Education Act, 1921, Uttar Pradesh Basic Education Act, 1972, Uttar Pradesh Government Industrial Training Institutes (Instructors and Foreman Instructors) Service Rules, 2021.

Section 31.Repeal and Savings

(1) The Uttar Pradesh Higher Education Services Commission Act, 1980, the Uttar Pradesh Secondary Education Service Selection Board Act, 1982 and the Uttar Pradesh Education Service Selection Commission Act, 2019 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 the provisions of this Act were in force at all material times.

(3) Save as otherwise provided in this Act, the repeal of the Acts referred to in sub-section (1) shall not have an adverse effect on the general application of section 6 of the Uttar Pradesh General Clauses Act, 1904 (U.P. Act no. 1 of 1904) in relation to the enforcement of provisions.