Amendment status not verified — confirm the current text below against the official source.
Substituted by section 9 (b) ibid. 38 [The Uttar Pradesh Secondary Education Services Selection Boards Act, 1982] [Section 20-21B] Power to inspect record, register etc. 20- {The Secretary of the commission or any other person authorized by the {Board}4} 3 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. {Restriction on dismissal etc. of teachers 21- The Management shall not, except with the prior approval of the {Board}4, 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 with hold his increment for any period (whether temporarily or permanently) and any such thing done without such prior approval shall be void.}2 1{CHAPTER IV-A Reserve pool Teachers Definitions 21-A In this Chapter— (a) ‘Director’ means the Director of Education, Uttar Pradesh and includes any other officer authorized by him in this behalf; (b) the expressions ‘Inspector’, Institution,’ Management’ and Teacher’ shall have the meanings respectively assigned to them in the Uttar Pradesh High Schools and Intermediate Colleges (Payment of Salaries of Teachers and other Employees) Act, 1971, provided that ‘teacher’ shall not include a principal or a Headmaster. Absorption of reserve pool teachers 21-B (1) The Inspector shall maintain in the prescribed manner, a register of ‘reserve pool teacher’ 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 Teachers and other Employees) Act, 1971, while the Uttar Pradesh High Schools and Intermediate Colleges (Payments 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 School and Intermediate College (Reserve Pool Teachers) Ordinance, 1978 or the Uttar Pradesh High School and Intermediate Colleges (Reserve Pool Teachers) (Second) Ordinance, 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. 1- Added new Chapter ‘IV-A’ by section 4 of U.P. Act no. 19 of 1985. 2- Subs. by section 16 of U.P. Act no. 01 of 1993. 3- Subs. by section 11 of U.P. Act no. 15 of 1995. 4- Subs. by section 4 of U.P. Act no. 25 of 1998. 39 [The Uttar Pradesh Secondary Education Services Selection Boards Act, 1982] [Section 21C-21D] (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, them 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. Power of Director regarding transfer 21-C (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. Appointment of teachers on default by management 21-D (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.}1 1- Added new Chapter ‘IV-A’ by section 4 of U.P. Act no. 19 of 1985. 40 [The Uttar Pradesh Secondary Education Services Selection Boards Act, 1982] [Section 22-26] CHAPTER V PENALTIES Punishment for appoint- ment of teachers in contravention of the provi- sions of the Act 22- Any person who fails to comply with the recommendations of {the Board}2, as the case may be, or fails to comply with the order or direction of the Director under section 17, or appoints a teacher in contravention of the provisions of this Act shall, on conviction, be punished with imprisonment for a term which may extend to three years or with fine which may extend to five thousand rupees or with both. Punishment for a failure to furnish information or willful obstruction 23- If any person- (a) willfuly withholds or fails to furnish any return or information lawfully required by the {***}1 {the Board}2 within the time allowed therefor; or (b) wilfully obstructs any person from duly carrying out all or, any of the provisions of this Act. he shall, on conviction, be punished with imprisonment for a term which may extend to one year or with fine which may, extend to one thousand rupees or both. Offences by societies 24- (1) If the person committing the offence under section 22 or section 23 is a society registered under the societies Registration Act, 1860, the society as well as every person incharge of and responsible to the Society for the conduct of its business at the time of the offence shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly : Provided that nothing contained in this section shall render any such person liable to any punishment if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence. (2) Notwithstanding anything contained in sub-section (1), where, any offence under this Act has been committed by registered society and it is proved that the offence has been committed with the consent or connivance of or that the commission of offence is attributable to any neglect on the part of any member of' the society, such member shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. Bar against prosecution 25- No prosecution for an offence under this Act shall be instituted except with the previous sanction of the Director or such officer or authority as the State Government may, by general or special orders, specify in this behalf. CHAPTER VI MISCELLANEOUS Certain proceeding not to be invalidated 26- No act or proceeding of the {***}1 {the Board}2 shall be deemed to be invalid merely on the ground of --