Amendment status not verified — confirm the current text below against the official source.
Ins. by section 2 (a) of U.P. Act No. 26 of 1991. 43 [The Uttar Pradesh Secondary Education Services Selection Boards Act, 1982] [Section 33B] [(2) Every teacher deemed to have been appointed in a substantive capacity under sub-section (1) or (1-A) or (1-B) or (1-C), shall be deemed to be on probation from the date of such commencement referred to in sub-section (1) or (1-A) or (1-B) or (1-C), as the case may be.]2 (3) Nothing in this section shall be construed to entitle any teacher to substantive appointment— (a) if on 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, 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.}1 4{Regulariza- tion of certain other appointments 33-B (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, {as it stood before its substitution by the Uttar Pradesh Secondary Education Services Commission and Selection Boards (Second Amendment) Act, 1992.}5 1- Added section 33-A by section 5 (a) of U.P. Act No. 19 of 1985. 2- Ins. by section 2 (b) of U.P. Act No. 26 of 1991. 3- Subs. by section 2 (c) ibid. 4- Inserted new section 33-B by section 24 of U.P. Act no. 01 of 1993. 5- Subs. by section 19 of U.P. Act no. 15 of 1995. 44 [The Uttar Pradesh Secondary Education Services Selection Boards Act, 1982] [Section 33B] (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 Inspectors 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 regularization of that district. (b) The Selection Committee constituted under clauses (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 sub-section (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 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.}1 1- Inserted new section 33-B by section 24 of U.P. Act no. 01 of 1993. 45 [The Uttar Pradesh Secondary Education Services Selection Boards Act, 1982] [Section 33-C] {Regularisation of certain more appointments 33-C (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 on ad hoc basis against substantive vacancy in accordance with section 18, in the Lecturer grade or Trained Graduate grade; (ii) was appointed by promotion on or after July 31, 1988 but not 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 sub-section (1) 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 sub-section (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 of 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. 46 [The Uttar Pradesh Secondary Education Services Selection Boards Act, 1982] [Section 33D-Schedule] Special provision for Certificate of Teaching grade teachers 33-D 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.}4 {Rescission of orders 33-E 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.}5 {Power to make regulations 34- (1) The {Board}3 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 {Board}3 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 regulation under sub-section (1) shall not be inconsistent with the provisions of this Act or the rules made under section 35.}2 Power to make rules 35- The State Government may, by notification, make rules for carrying out the purposes of this Act. Repeal and savings 36- (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) or the Uttar Pradesh Secondary Education Services Commission and Selection Boards 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. THE SCHEDULE {***}1 1- Omitted Schedule by section 26 of U.P. Act no. 01 of 1993. 2- Subs. by section 20 of U.P. Act no. 15 of 1995. 3- Subs. by section 4 of U.P. Act no. 25 of 1998. 4- Added new section 33-C and 33-D by section 10 of U.P. Act no. 25 of 1998. 5- Added new section 33-E by section 2 of U.P. Act no. 13 of 1999.