Section 31 in The U.P. Higher Education Services Commission Act, 1980
31. Power to make regulations. -
(1)The Commission may, with the previous approval of the State Government, make regulations prescribing fees for holding selections, conducting examinations where necessary, holding interviews and 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 or the rules made under Section 32.[31A. Power to remove difficulties. - (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 :] [Inserted by U.P. Act No. 9 of 1982 (w.e.f. 4.12.1981).]Provided that no such order shall be made after the expiry of two years from the date of commencement [of the Uttar Pradesh Higher Education Services Commission (Amendment) Act, 1992.] [Substituted by U.P. Act No. 2 of 1992 (w.e.f. 22.11.1991).](2)Every order made under sub-section (1) shall be laid before both Houses of the State Legislature.(3)No order under sub-section (1) shall be called in question in any Court on the ground that no difficulty, as is referred to in sub-section (1) existed or required to be removed.[31B. Regularisation of certain ad hoc appointments. - (1) Every teacher, other than a Principal, directly appointed on or before January 3, 1984, on ad hoc basis against a substantive vacancy in accordance with the provisions of the Uttar Pradesh Higher Education Services Commission (Removal of Difficulties) Order, 1982 or the Uttar Pradesh Higher Education Services Commission (Removal of Difficulties) Order, 1983, who possesses the qualifications prescribed under, or is exempted from such qualifications in accordance with, the provisions of the concerned Statutes, shall with effect from the date of commencement of the Uttar Pradesh Higher Education Services Commission (Amendment) Act, 1985, be deemed to have been appointed in a substantive capacity provided that such teacher has been continuously serving the College from the date of such ad hoc appointment up to the date of such commencement.] [Inserted by U.P. Act No. 22 of 1985 (w.e.f. 22.6.1985).](2)Every teacher deemed to have been appointed in substantive capacity under sub-section (1) shall be deemed to be on probation from the date of such commencement.(2a)[ A teacher other than a Principal directly appointed on or before January 3,1984 on ad hoc basis in a vacancy referred to in clause (iv) or clause (v) of sub-para (1) of paragraph 2 of the Uttar Pradesh Higher Education Services Commission (Removal of Difficulties) Order, 1982 or in clause (iv) or clause (v) of sub-para (1) of paragraph 2 of the Uttar Pradesh Higher Education Services Commission (Removal of Difficulties) Order, 1983, in accordance with the provisions of such orders and continuously serving the College from the date of such ad hoc appointment till September 2, 1989, who possesses the qualifications prescribed under, or is exempted from such qualifications in accordance with, the provisions of the concerned Statutes, may be given substantive appointment by the Management of the College, if :-(a)any substantive vacancy of the same cadre and grade in the same department is available on September 2, 1989; and(b)the work and conduct of the teacher is found satisfactory.](3)Nothing in this section shall be construed to entitle any teacher to substantive appointment if -(a)on the date of such commencement, such post had already been filled, or selection for such post had already been made, in accordance with the provisions of this Act, or(b)such teacher was related to any member of the Management, or the Principal of the College concerned.Explanation. - For the purpose of this sub-section a person shall be deemed to be related to another if they are related in the manner mentioned in the Explanation to Section 20 of the Uttar Pradesh State Universities Act, 1973.[31C. Regularisation of other ad hoc appointments. - (1) Any teacher, other than a principal who -] [Inserted by U.P. Act No. 2 of 1992 (w.e.f. 22.11.1991).](a)was appointed on ad hoc basis after January 3,1984 but not later than [November 22, 1991] [Substituted for 'June 30,1991' by U.P. Act No. 10 of 1997 (w.e.f. 26.5.1997).] on a post -(i)which after its due creation was never filled earlier, or(ii)which after its due creation was filled earlier and after its falling vacant, permission to fill it was obtained from the Director; or(iii)which came into being in pursuance of the terms of new affiliation or recognition granted to the College and has been continuously serving the College from the date of such ad hoc appointment up to the date of commencement of the Uttar Pradesh Higher Education Services Commission (Amendment) Act, 1992;(b)[ was appointed on ad hoc basis under sub-section (1) of Section 16 as it stood before its omission by the Act referred to in clause (a), whether or not the vacancy was notified by the Commission.] [Substituted by U.P. Act No. 10 of 1997 (w.e.f. 26.5.1997).](c)possessed on the date of such commencement, the qualifications required for regular appointment to the post [or was given relaxation from such qualification] [Inserted by U.P. Act No. 10 of 1997 (w.e.f. 26.5.1997).] under the provisions of the relevant Statutes in force on the date of such ad hoc appointment;(d)[* * *] [Omitted by U.P. Act No. 10 of 1997 (w.e.f. 26.5.1997).](e)has been found suitable for regular appointment by a Selection Committee constituted under sub-section (2);may be given substantive appointment by the Management of the College, if any substantive vacancy of the same cadre and grade in the same department is available on the date of commencement of the Act referred to in clause (a).(2)The Selection Committee consisting, the following members namely -(i)a member of the Commission nominated by the Government who shall be the Chairman;(ii)an officer not below the rank of Special Secretary, to be nominated by the Secretary to the Government of Uttar Pradesh in the Higher Education Department;(iii)the Director;shall consider the cases of every such ad hoc teacher and on being satisfied about his eligibility in view of the provisions of sub-section (1), and his work and conduct on the basis of his record, recommended his name to the Management of the College for appointment under sub-section (1).(3)Where a person recommended by the Commission under Section 13 before the commencement of the Act referred to in sub-section (1) does not get an appointment because of the appointment of another person under sub-section (1) in the vacancy for which he was so recommended, the State Government shall make suitable order for his appointment in a suitable vacancy in any College and the provisions of sub-sections (5) and (6) of Section 13 and of Section 14 shall mutatis mutandis apply.(4)A teacher appointed on ad hoc basis referred to in sub-section (1) who does not get a substantive appointment under that sub-section and a teacher appointed on ad hoc basis who is not eligible to get a substantive appointment under sub- section (1) shall cease to hold the ad hoc appointment after [June 30, 1992] [Substituted for 'March 31,1992' by U.P. Act No. 22 of 1992 (w.e.f. 22.11.1991).],(5)[ Notwithstanding anything to the contrary in sub-section (4), the selection committee constituted under sub-section (2), shall in view of the amendments made in clauses (b) to (d) of sub-section (1), by the Uttar Pradesh Higher Education Service Commission (Amendment) Act, 1997 reconsider the case of every teacher who ceased to hold appointment under sub-section (4) and if as a result of reconsideration any such teacher is found suitable for substantive appointment, he may be given substantive appointment as provided in sub-section (1), and shall be deemed never to have ceased to hold appointment.] [Inserted by U.P. Act No. 10 of 1997 (w.e.f. 26.5.1997).][31D. (1) Any person who, -(a)was engaged to teach in the B.Ed. course of study under self-finance course in a grant-in-aid college an the said course has been taken on grant-in-aid; and(b)has been engaged on or before August 31, 2003 and continuously serving the college up to the date of commencement of the Uttar Pradesh Higher Education Services Commission (Third Amendment) Act, 2006 and possesses the qualifications determined by the State Government on the date of consideration by the selection committee constituted under sub-section (2); and(c)has been found suitable for regular appointment by the Selection Committee constituted under sub-section (2);may be given substantive appointment by the management of the college to the post created by the State Government.(2)The Selection Committee referred to in sub-section (1) shall consist of, -(a)a member of the Commission nominated by the State Government who shall be the Chairman;(b)an officer not below the rank of Special Secretary, to be nominated by the Secretary to the Government of Uttar Pradesh in the Higher Education Department;(c)the Director.(3)The Selection Committee constituted under sub-section (2) shall consider the case of each candidate and on being satisfied about his eligibility in view of the provisions of sub-section (1), recommend his name to the management of the college for appointment.] [Substituted by U.P. Act No. 42 of 2006.]
