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State of Uttar Pradesh - Section

Section 6 in The U.P. Educational Institutions (Taking-Over of Management) Act, 1976

6. Termination of appointment of teachers.

(1)Notwithstanding anything contained in any other law or in any contract or other instrument, if the State Government is satisfied that the continuance in service of a teacher of a scheduled institution is prejudicial to the purposes of this Act, it may, at any time, by notice, without assigning any reason, terminate his services.
(2)The period of such notice shall be three months or the period specified in the conditions of service, if any, applicable to him, whichever is less :Provided that the services of any such teacher may be terminated, without such notice or by a shorter notice, and on such termination, the teacher shall be entitled to claim from the scheduled institution a sum equivalent to the amount of his pay plus allowances, if any, for the period of notice or, as the case may be, for the period by which such notice falls short of three months, at the same rates at which he was drawing immediately before such termination.
(3)The State Government may by order direct that the power conferred on it by sub-section (1) shall, in such circumstances and under such conditions, if any, as may be specified in the direction, be exercised or discharged by any officer or authority specified in this behalf.
(4)Any order of termination of services of a teacher or other employee of a scheduled institution passed or purported to be passed by an authorised officer before the commencement of this Act shall be deemed to be duly passed by him under sub-section (1) as if he were duly authorised by a direction under sub-section (2) in this behalf, and shall be deemed to be valid notwithstanding that no notice as provided in sub-section (1) or sub-section (2) was given and notwithstanding any other defect of form :Provided that every such teacher or other employee whose services were so terminated shall be entitled to claim a sum mentioned in sub-section (2) from the scheduled institution.