[Act
No. 15 of 2023] [17th
August, 2023] An Act To provide for
the establishment of Uttar Pradesh Education Service Selection Commission for
selection of teachers of non-government aided colleges, aided minority colleges
affiliated and associated with a University governed by the Uttar Pradesh State
Universities Act, 1973 or non-government aided intermediate colleges, higher
secondary schools, high schools or attached primary schools governed by the
Intermediate Education Act, 1921 or non-government aided minority intermediate
colleges or minority higher secondary schools or minority high schools or
attached minority primary schools covered under Intermediate Education Act,
1921 or the schools run and managed by Uttar Pradesh Basic Education Board,
Prayagraj and non-government aided junior high schools and attached primary
schools and non-government aided minority junior high schools and attached
primary schools of the Uttar Pradesh Basic Education Board governed under the
Uttar Pradesh Basic Education Act, 1972 or teachers in institutions run by the
Atal Residential School Committee or for selection of instructors in
certificate- level State Industrial Training Institutes under the Uttar Pradesh
Government Industrial Training Institutes (Instructors and Foreman Instructors)
Service Rules, 2021 and to conduct and organize Uttar Pradesh Teacher
Eligibility Test, and for matters connected therewith and incidental thereto. It is Hereby enacted in
the Seventy-Fourth Year of the Republic of India as follows:- This Act may be called the
Uttar Pradesh Education Service Selection Commission Act, 2023. (1)
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; (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. (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. (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. (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. (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. 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. (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. 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. (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. (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. 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. (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. 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 Hon'ble 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. 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. 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. (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. 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. (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 General's (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. Chapter V - MISCELLANEOUS 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. 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. 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. 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. 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. 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. 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. (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. (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. (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. 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. (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.THE
UTTAR PRADESH EDUCATION SERVICE SELECTION COMMISSION ACT, 2023
PREAMBLE
Section 2 – Definitions
Section 25 – Delegation