UTTAR PRADESH BASIC EDUCATION (TEACHERS) SERVICE RULES, 1981

UTTAR PRADESH BASIC EDUCATION (TEACHERS) SERVICE RULES, 1981[1]

PART I

General

Rule- 1. Short title and commencement.

(1)     These rules may be called the Uttar Pradesh Basic Education Teachers Service Rules, 1981.

(2)     They shall come in to force at once.

Rule- 2. Definitions.

(1)     In these rules unless the context otherwise requires :

(a)      "Act" means the Uttar Pradesh Basic Education Act, 1972 (U.P. Act No. 34 of 1972);

(b)      "Appointing Authority" in relation to teachers referred to in rule 3 means the District Education Officer:

Provided that the Additional District Basic Education Officer (Women shall be deemed to be the appointing authority in relation to women act) in a district where such officer is posted;

(c)      "Basic School" means a school where instructions from classes I to VII are imparted;

(d)      "Board" means the Uttar Pradesh Board of Basic Education constituted under Section 3 of the Act;

(e)      "Chairman" means the Chairman of Uttar Pradesh Board of Basic Education;

(f)       "District Basic Education Officer" and "Additional District Basic Education Officer (Women)" means the officer appointed by the State Government as such for a particular district;

(g)      "Government" means the Government of Uttar Pradesh ;

(h)     "Junior Basic School" means a Basic School where instructions from Classes I to V are imparted ;

(i)       "Local area" means the area over which a local body exercise jurisdiction;

(j)       "nursery school" means a school in which children ordinarily of the age up to six years are taught in classes lower than class I;

(k)      "rural local area" means the area over which a Zila Parishad exercises jurisdiction;

(l)       "Senior Basic School" means a Basic School where insturctions from Classes VI to VIII are imparted ;

(m)    "Service" means the Uttar Pradesh Basic Eduction Teacher's Service;

(n)     "teacher" means a person employed for imparting instructions in Nursery Schools, Basic Schools, Junior Basic Schools, or Senior Basic Schools;

(o)      "training institution" means an institution imparting training for recognised Certificate Courses of Teaching ;

(p)      "undergraduate training" means training for the Hindustani Teacher's Certificate, Basic Teacher's Certificate,' Junior Teacher's Certificate, Certificate 6f Teaching, Certificate to Teaching (Basic) and Certificate of Teaching (Nursery) for which undergraduates are eligible for admission ;

(q)      "urban local area" means the area over which a Nagar Mahapalika, Municipal Board, Town Area Committee, or Notified Area Committee exercises jurisdiction.

(2)     The terms and expressions not expressly defined herein but defined in the Uttar Pradesh Basic Education Act, 1972 shall have the same meaning as assigned to them in the said Act.

Rule- 3. Extent of application.

These rules shall apply to--

(i)       All teachers of local bodies transferred to the Board under Section 9 of the Act; and

(ii)      all teachers employed for the Basic and Nursery Schools established by the Board.

PART II

Cadre and Strength

Rule- 4. Strength of the service.

(1)     There shall be separate cadres of service under these rules for each local area.

(2)     The strength of the cadre of the teaching staff pertaining to a local area and the number of the posts in the cadre shall be such as may be determined by the Board from time to time with the previous approval of the State Government:

Provided that the appointing authority may leave unfilled or the Board may hold in abeyance any post of class of posts without thereby entitling any person to compensation :

Provided further that the Board may, with the previous approval of the State Government, create from time to time such number of temporary posts as it may deem fit.

PART III

Recruitment

Rule- 5. Sources of recruitment.

The mode of recruitment to the various categories of posts mentioned below shall be as follows:

Provided that if suitable candidates are not available for promotion to the posts mentioned at (iii) and (iv) above, appointment may be made by direct recruitment in the manner laid down in rule 15.

PART IV

Qualification

Rule- 6. Age.

[2][A candidate for recruitment to any post referred to in clause (a) or proviso to clause (b) of rule 5, must have attained the age of eighteen years and must not have attained the age of more than thirty two years on the first day of July following the year in which the vacancy is notified:

Provided that the uppor age-limit shall, in the case of candidates belonging to the Scheduled Castes, Scheduled Tribes, Backward classes and dependents of freedom fighters, be greater by five years or as provided by the State Government from time to lime :

Provided further that where after successful completion of a course of training prescribed for teachors of basic schools, a candidate could not get appointment due to non-availability of vacancy in the district, the period he has remained unappointed shall not be counted for the calculation of his age if he has not attained the age of more than fifty years on me date of appointment.

Rule- 7. Nationality.

A candidate for recruitment to a post mentioned in Rule 5 must be--

(a)      a citizen of India, or

(b)      a Tibetan refugee who came over to India before January 1, 1962 with the intention of permanently settling in India, or

(c)      a person of Indian origin who has migrated from Pakistan, Burma, Ceylon, and East African countries of Kenya, Uganda and the United Republic of Tanzania (Formerly Tanganayika and Zanzibar) with the intention of permanently settling in India:

Provided that a candidate belonging to category (b) or (c) above must be a person in whose favour a certificate of eligibility has been issued by the State Government:

Provided further that a candidate belonging to category (b) or (c) above must be a person to obtain a certificate of eligibility granted by the Deputy Inspector General of Police, Intelligence Branch, Uttar Pradesh :

Provided also that if a candidate belongs to category (c), no certificate of eligibility will be issued for a period of more than one year and such candidate may be retained in service after a period of one year only if he has acquired Indian citizenship.

Rule- 8. Academic qualifications.

[3][(1) The essential qualifications of candidates for appointment to a post referred to in clause (a) of Rule 5 shall be as shown below against each:

(2)   The essential qualification of candidates for appointment to a post referred to in sub-clauses (iii) and (iv) of clause (h) of rule 5 for teaching Science, mathematics, craft or any language other than Hindi shall be as follows:--

(i)       Intermediate Examination of the Board of High School and Intermediate Education, Uttar Pradesh, or any other examination recognised by the State Government as equivalent thereto with science, mathematics, craft or particular language, as the case may be, as one of the subjects, and

(ii)      Training qualification consisting of a Basic Teacher's Certificate, Hindustani Teachers Certificate, Junior Teacher's Certificate, Certificate of Teaching or any other training course recognised by the State Government as equivalent thereto.

(3)   The minimum experience of candidates for promotion to a post referred to in clause (b) of rule 5 shall be as shown below against each :

Rule- 9. Reservations.

[4][Reservation for the candidates belonging to the Scheduled Castes, Scheduled Tribes, Backward Classes, dependents of freedom fighters and other categories shall be in accordance with the orders of the State Government in force at the time of recruitment].

Rule- 10. Relaxation for ex-servicemen and certain other categories.

Relaxation, if any, from the maximum age-limit, educational qualifications or/and any procedural requirement in favour of the Ex-servicemen, disabled military personnel, dependents of military personnel dying in action, dependents of Board's servants dying in harness and sportsmen shall be in accordance with the general rules or orders of the Government in this behalf in force at the time of recruitment.

Rule- 11. Character.

[5][The Character of a candidate for direct recruitment to a post in the service must be such as to render him suitable in all respects for employment in the service. The appointing authority shall satisfy itself on this point.

Rule- 12. Marital status.

A male candidate who has more than one wife living or a female candidate who has married a person already having a wife living, shall not be eligible for appointment to the service :

Provided that the Board may if satisfied that there exists special ground for doing so, exempt any person from the operation of this rule.

Rule- 13. Physical fitness.

[6][(1) No candidate shall be appointed to a post in the service unless he be in good mental and bodily health and free from any physical defect likely to interfere with the efficient performance of his duties.

(2)   Before a candidate is finally approved for appointment by direct recruitment the shall be required to produce a medical certificate of fitness of a Chief Medical Officer].

Rule- 14. Determination of vacancies and preparation of list.

[7][(1) In respect of appointment by direct recruitment to the post of Mistress of  Nursery Schools and Assistant Master or Assistant Mistress of Junior Basic Schools undar clause (a) rule 5, the appointing authority shall determine the number of vacancies as also the number of vacancies to be reserved for candidates belonging to Scheduled Casts, Scheduled Tribes, Backward Classes, dependents of freedom fighters and other categories under rule 9 and notify the vacancies to the Employment Exchange and in at least one newspaper having adequate circulation in the locality.

(2)   The appointing authority shall scrutinise the applications received and the names of the candidates received from the Employment Exchange and prepare a list of such persons as appear to possess the prescribed academic qualifications and be eligible for appointment.

(3)   The Regional Assistant Director of Education (Basic) may, on the application of a candidate, and for reasons to be recorded, direct that his name be included at the bottom of the list prepared under sub-rule (2).

(4)   The names of candidates in the list prepared under sub-rule (2) shall then be arranged in such manner that the candidates who have passed the required training course earlier in point of time shall be placed higher than those who have passed the said training course later and the candidates who have passed the training course in a particular year shall be arranged in accordance with the quality points specified in the Appendix.

(5)   No person shall be eligible for appointment unless his or her name is included in the list prepared under sub-rule (2).

(6)   The list prepared under sub-rule (2) and arranged in accordance with sub-rule (4) shall be forwarded by the appointing authority to the Selection Committee].

Rule- 15. Notification of vacancies and preparation of list of eligible candidates for certain posts of Assistant Masters/Mistresses of Senior Basic Schools.

(1)     In respect of an appointment by direct recruitment to the post of Assistant Master or Assistant Mistress of Senior Basic School under the proviso to Rule 5 (b) the appointing authority shall notify every vacancy to the Employment Exchange and also in at least one newspaper having adequate circulation in the locality.

(2)     The appointing authority shall scrutinise the applications received in pursuance of advertisement and the names of candidates received from the Employment Exchange in pursuance of the vacancy under sub-rule (1) and shall thereafter, prepare a list of such person as appear to possess the prescribed educational qualifications and be eligible for appointment. The order in which name of eligible persons shall appear in the list shall be as prescribed under clause (b) of sub-rule (2) of Rule 14.

(3)     The list prepared under sub-rule (2) shall be forwarded by the appointing authority to the Selection Committee constituted under Rule 16.

Rule- 16. Constitution of Selection Committee.

[8][For selection of candidates for appointment to any post in the service there shall be constituted a Selection Committee comprising.

Rule- 17. Procedure for direct recruitment.

[9][(1) The Selection Committee shall consider the candidates for selection on the basis of the list referred to in sub-rule (6) of rule 14 and prepare a list of selected candidates in the order in which their names appear in the said list. If two or more candidates have equal quality points, the name of the candidate who is older in age shall be placed higher in the list. The number of names in the list shall be larger (but not larger by more than 25 per cent) than the number of vacancies. The Selection Committee shall forward the list to the appointing authority.

(2)   The list prepared under sub-rule (1) shall remain valid for one year from the date of its preparation by the Selection Committee.]

PART V

Procedure for Recruitment by Promotion

Rule- 18. Procedure of promotion.

[10][(1) Recruitment by promotion to the posts referred to in clause (b) of rule 5 shall be made on the basis of seniority subject to rejection of unfit through the Selection Committee constituted under rule 16.

(2)   The appointing authority shall prepare an eligibility list of candidates in order of seniority and place it before the Selection Committee alongwith their character rolls and such other records pertaining to them as may be considered proper.

(3)   The Selection Committee shall consider the cases of the candidates on the basis of the records referred to in sub-rule (2).

(4)   The Selection Committee shall prepare a list of selected candidates in order of seniority as disclosed from the eligibility list referred to in sub-rule (2) and forward the same to the appointing authority.]

PART VI

Other provisions

Rule- 19. Appointment.

[11][(1) The Appointing Authority shall make appointment to any post referred to in rule 5 by taking the names of the candidates in the order in which they stand in the lists prepared under rule 17 or 18, as the case may be.

(2)   The Appointing Authority may make appointments in the temporary and officiating vacancies also from the lists referred to in sub-rule (1).

(3)   No appointment shall be made except on the recommendation of the Selection Committee and, in the case of direct recruitment, except on production of residence certificate issued by the Tahsildar.]

Rule- 20. Appointment to be made by order.-

All appointments made under these rules shall be made by means of written orders.

Rule- 21. Transfer.

There shall be no transfer of any teacher from the rural local area to an urban local area or vice versa or from one urban local area to another of the same district or from local area of one district to that of another district except on the request of or with the consent of the teacher himself and in either case with the approval of the Board.

Rule- 22. Seniority

(1)     The seniority of a teacher in a cadre shall be determined by the date of his appointment in a substantive capacity :

Provided that if two or more persons are appointed on the same date their seniority shall be determined according to the order in which their names appear in the lists referred to in Rule 17 or Rule 18, as the case may be.

(2)     The seniority of a teacher who has been transferred from one Local Area to another in accordance with the provisions of Rule 21 shall be placed at the bottom of the list of teachers of the corresponding class or category pertaining to the Local Area to which he has been transferred, as on the date of orders for transfer are passed. Such a person shall not be entitled to any compensation.

Rule- 23. Probation.

(1)     All persons on appointment in a substantive vacancy shall be placed on probation for a period of one year.

(2)     The appointing authority may allow continuous service in any officiating or temporary capacity on a post included in the cadre of the service of on any other higher post under the Board to be taken into account for the purpose of computing the period of probation.

(3)     The appointing authority may for reasons to be recorded, extend the period of probation in individual cases specifying the exact date up to which the extension is granted. Such extension shall not ordinarily exceed two years.

(4)     If it appears to the appointing authority at any time during or at the end of the period of probation, as the case may be, that a probationer has not made sufficient use of his opportunities or has otherwise failed to give satisfaction, he may be reverted to his substantive post, if any, or if he does not hold a lien on any post, his services may be dispensed with.

(5)     A person who is reverted or whose services are dispensed with under sub-rule (4) shall not be entitled to any compensation.

Rule- 24. Confirmation.

A probationer shall be confirmed in his appointment at the end of the period of probation or extended period, as the case may be, if he is considered fit for confirmation and his integrity is certified.

Rule- 25. Scales of pay.

The scales or pay admissible to persons appointed to any post under these rules whether in a substantive or officiating capacity or as temporary measure, shall be such as may be determined by the Government from time to time.

Rule- 26. Pay during Probation.

A person on probation shall draw during the period of probation increments on the condition that his work and conduct are reported to be satisfactory:

Provided that if the period of probation is extended on account of failure to give satisfaction, such extension shall not count for increment, unless the appointing authority directs otherwise.

Rule- 27. Criterion for crossing efficiency bar.

No teacher shall be allowed to cross--

(a)      the first efficiency bar unless he is found to have worked steadily to the best of his ability and his integrity is certified; and

(b)      the second efficiency bar, unless he has a consistently good record of service and his integrity is certified.

Rule- 28. Canvassing.

No recommendation, either written or oral, other than those required under these rules shall be taken into consideration. Any attempt on the part of a candidate to enlist support directly for his candidature shall disqualify him for appointment.

Rule- 29. Age of Superannuation.

Every teacher shall retire from service in the after- noon of the last day of the month in which he attains the age of 60 years :

Provided that a teacher who retires during an academic session (July 1 to June 30) shall continue to work till the end of the academic session, that is, June 30 and such period of service will be deemed as extended period of employment.

[12][APPENDIX

(See rule 14 (4))

Quality points for selection of candidates