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State of Uttar Pradesh - Section

Section 15 in Uttar Pradesh Intermediate Education Act, 1921

15. Power of Board to make Regulations

. - (1) The Board may make Regulations for the purpose of carrying into effect the provisions of this Act.
(2)In particular and without prejudice to the generality of the foregoing power the Board may make Regulations providing for all or any of the following matters, namely, -
(a)the constitution, powers and duties of Committees;
(b)the conferment of diplomas and certificates;
(c)the conditions of recognitions of institutions for the purpose of its examinations;
(d)the course of study to be laid down for all certificates and diplomas;
(e)the conditions under which candidates shall be admitted to the examinations of the Board and shall be eligible for diplomas and certificates;
(f)the fees for admission to the examinations of the Board;
(g)the conduct of examinations;
(h)the appointment of examiners and their duties and powers in relation to the Board's examinations;
(i)the election of members to the Board under [clause (c)] [Substituted by U.P. Act No. 12 of 1978 (w.e.f. 21.1.1978).] of sub-section (1) of Section 3;
(j)the admission of institutions to the privileges of recognition and the withdrawal of recognition;
(k)all matters which by this Act are to be or may be provided for by Regulations;
(l)the conditions under which grants-in-aid shall be given to institutions recognized by the Board;
(m)[ the formations of parent-teacher association.] [Inserted by U.P. Act No. 5 of 1977 (w.e.f. 21.4.1977).]
[16. Previous publication and sanction of Regulations made by Board. - (1) Regulations under Section 15 shall be made only with the previous sanction of the State Government and shall be published in the Gazette.
(2)The State Government may sanction any such regulation proposed by the Board either without modification or with such modification as it thinks fit.] [Substituted by U.P. Act No. 26 of 1975.][16A. Scheme of Administration. - (1) Notwithstanding anything in any law, document, or decree or order of a Court or other instrument, there shall be a Scheme of Administration (hereinafter referred to as the Scheme of Administration) for every institution, whether recognised before or after the commencement of the Intermediate Education (Amendment) Act, 1958. The Scheme of Administration shall amongst other matters provide for the constitution of a Committee of Management (hereinafter called the Committee of Management) vested with authority to manage and conduct the affairs of the institution.] [Inserted by U.P. Act No. 35 of 1958.] [The head of the institution] [Substituted by U.P. Act No. 26 of 1975.] and two teachers thereof, who shall be selected by rotation according to seniority, in the manner to be prescribed by regulations, shall be ex officio members of the Committee of Management with a right to vote.
(2)No member of the Committee of the Management shall either attend a meeting of the Committee or exercise his right to vote whenever a charge concerning his personal conduct is under discussion.
(3)The Scheme of Administration, shall also describe, subject to any regulations the respective powers, duties and functions of [the head of the institution] [Substituted by ibid.] and Committee of Management in relation to the institution.
(4)Where more than one recognised institution is maintained by a body or authority there shall be a separate Committee of Management for each institution unless otherwise provided in the regulations for any class of institutions.
(5)The Scheme of Administration of every institution shall be subject to the approval of the Director and no amendment to or change in the Scheme of Administration shall be made at any time without the prior approval of the Director.[Provided that where the Management of an institution is aggrieved by an order of the Director refusing to approve an amendment or change in the Scheme of Administration, the State Government, on the representation of the Management, may, if it is satisfied that the proposed amendment or change in the Scheme of Administration is in the interest of the institution, order the Director to approve of the same, and thereupon the Director shall act accordingly.] [Inserted by U.P. Act No. 26 of 1975.]
(6)Every recognised institution shall be managed in accordance with the Scheme of Administration framed under and in accordance with sub-section (1) to sub-section (5) and Section 16-13 and 16-C.
(7)[ Whenever there is dispute with respect to the Management of an institution, persons found by the Regional Deputy Director of Education, upon such enquiry as is deemed fit to be in actual control of its affairs may, for purposes of this Act, be recognised to constitute the Committee of Management of such institution until a Court of competent jurisdiction directs otherwise:Provided that the Regional Deputy Director of Education shall, before making an order under this sub-section, afford reasonable opportunity to the rival claimants to make representations in writing.Explanation. - In determining the question as to who is in actual control of the affairs of the institution the Regional Deputy Director of Education shall have regard to the control over the funds of the institution and over the administration, the receipt of income from its properties, the Scheme of Administration approved under sub-section (5) and other relevant circumstances.] [Inserted by U.P. Act No. 1 of 1981.][16B. (1) In the case of an institution already recognised at the date of the commencement of the Intermediate Education (Amendment) Act, 1958. a draft of the Scheme of Administration shall be prepared and submitted to the Director for his approval in accordance with Section 16-C within six months from the said commencement and in all other cases along with the application for recognition.
(2)If an institution which is already recognised at the commencement of the Intermediate Education (Amendment) Act. 1958. fails to comply with the provision of sub-section (1) within the period provided therefor, the Director shall send a notice to such institution requiring it to submit the Scheme of Administration within a further period of three months:Provided that on a representation by the institution prior to the expiry of the extended period the Director may in his discretion allow a further extension for a period of three months.
(3)If the Scheme of Administration is not submitted within the time allowed the Director shall take action in accordance with] [Inserted by U.P. Act No. 35 of 1958.] [sub-section (3) of Section 16-D] [Substituted by U.P. Act No. 1 of 1981.].[16C. (1) Subject to the regulations governing the principles for according approval to the Scheme of Administration, the Director shall within such period of time as may be prescribed, either approve the draft Scheme of Administration submitted under Section 16-B, or suggest any alteration or modification therein. Whenever the Director shall so suggest any alteration or modification in the Scheme of Administration he shall send a copy of the same to the institution giving his reasons therefor and affording an opportunity to the institution to make a representation, within such period of time as may be prescribed :Provided that if the Director does not suggest any alteration or modification in the draft Scheme of Administration within the period of time prescribed by regulations, the draft Scheme of Administration shall be deemed to have been approved.
(2)The Director shall consider any representation made in accordance with the provision of sub-section (1) and may approve the scheme of Administration in its original form or subject to the alteration and modification suggested under the said sub- section or with any other changes as may appear to him to be just and proper :Provided that where the Director proposes to make a new alteration or modification in the Scheme of Administration he shall give an opportunity to the institution to make a representation to him within such period of time as may be prescribed.] [Inserted by U.P. Act No. 35 of 1958.][16CC. The Scheme of Administration in relation to any institution, whether recognised before or after the commencement of the Intermediate Education (Amendment) Act, 1980, shall not be inconsistent with the principles laid down in the Third Schedule.] [Inserted by U.P. Act No. 1 of 1981.][16CCC. (1) Where in relation to any institution, the Scheme of Administration has been or deemed to have been approved under Section 16-A or Section 16-B or Section 16-C, at any time before the commencement of the Intermediate Education (Amendment) Act, 1980, and such Scheme of Administration is inconsistent with the provisions of this Act, the Director shall send, within a period of] [Inserted by U.P. Act No. 1 of 1981.] [three years] [Substituted for 'six months' by Section 2 of U.P. Act No. 6 of 1984.] from such commencement, a notice to such institution suggesting any alteration or modification therein and requiring the institution to submit a fresh Scheme of Administration or to amend or alter the existing Scheme.
(2)While making any suggestion in the Scheme of Administration under subsection (1), the Director shall give his reasons therefor and shall also afford an opportunity to the institution to make a representation within such period as may be specified in the notice.
(3)The Director shall consider any representation made in accordance with sub-section (2) and may approve the Scheme of Administration in its original form or subject to any alteration or modification suggested under sub-section (1) or with any other changes as may appear to him to be just and proper :Provided that where the Director proposes to make any new alteration or modification in the Scheme of Administration, he shall give an opportunity to the institution to make a representation within such period as may be specified by him.][16D. (1) The Director may cause a recognised institution to be inspected from time to time.
(2)The Director may direct a management to remove any defect or deficiency found on inspection or otherwise.
(3)If on the receipt of information or otherwise, the Director is satisfied that. -
(i)the Committee of Management of an institution has failed to comply with the judgment of any Court or any direction made under this Act or any other law for the time being in force; or
(ii)the Committee has failed to appoint teaching staff possessing such qualifications as are necessary for the purpose of ensuring the maintenance of academic standard in the institution or has appointed or retained in service any teaching or non-teaching staff in contravention of the provisions of this Act or the Regulations; or
(iii)any dispute with respect to the right claimed by different persons to be lawful office-bearers of the Committee of Management has affected the smooth and orderly administration of the institution concerned; or
(iv)the Committee has persistently failed to provide the institution with such adequate and proper accommodation, library, furniture, stationery, laboratory equipment or other facilities as are necessary for the efficient administration of such institution; or
(v)the Committee has substantially diverted, misapplied or misappropriated the property of the institution to its detriment or has transferred any property in contravention of the provisions of the Uttar Pradesh Educational Institutions (Prevention of Dissipation of Assets) Act, 1974 (U.P. Act No. No. 3 of 1975);
(vi)the draft of the Scheme of Administration has not been submitted with the time allowed therefor under Section 16-B, or that the Management of the institution is being conducted otherwise than in accordance with the Scheme of the Administration or the affairs of the institution are being otherwise mis-managed;
(vii)the Scheme of Administration in relation to an institution, approved before the commencement of the Intermediate Education (Amendment) Act, 1980, is inconsistent with the provisions of this Act and the management of the institution has failed to alter or modify it within a reasonable time despite notice under Section 16-CCC.;
he may refer the case to the Board for withdrawal of recognition of such institution, or issue notice to the Committee of Management to show cause within thirty days from the date of receipt of such notice why an order under sub-section (4) should not be made.
(4)Where the Committee of Management of an institution fails to show cause within the time allowed under sub-section (3) or within such extended time as the Director may from time to time allow, or where the Director is, after considering the cause shown by the Committee of Management, satisfied that any of the grounds mentioned in sub-section (3) exists, he may, recommend to the State Government to appoint an Authorised Controller for that institution, and thereupon, the State Government may, by order, for reasons to be recorded, authorise any person (hereinafter referred to as the Authorised Controller) to take over, for such period not exceeding two years, as may be specified, the Management of such institution and its properties :Provided that if the State Government is of opinion that it is expedient so to do in order to continue to secure the proper management of the institution and its properties, it may, from time to time, extend the operation of the order, for such period, not exceeding one year at a time, as it may specify, so however, that the total period of operation of the order, including the period specified in the initial order, but excluding the period specified in sub-section (8), does not exceed five years :Provided further that if at the expiration of the said period of five years, there in no lawfully constituted Committed of Management of the institution, the Authorised Controller shall continue to function as such, until the State Government is satisfied that a Committee of Management has been lawfully constituted.
(5)If on the receipt of information or otherwise, the State Government is of opinion that in relation to an institution the ground mentioned in clause (iii) or clause (v) of sub-section (3) exists, and that the interest of the institution calls for immediate action, it may, notwithstanding anything contained in the said sub-section, issue notice to the Management of such institution to show cause within fifteen days from the date of receipt of such notice why an Authorised Controller be not appointed in respect of such institution.
(6)Where the Committee of Management of the concerned institution fails to show cause within the time allowed under sub-section (5), or within such extended time as the State Government may, from time to time allow, or where the State Government is, after considering the cause shown by the Committee of Management, satisfied that any of the grounds mentioned in clause (iii) or clause (v) of sub-section (3) exists, it may by order and for reasons to be recorded, appoint an Authorised Controller in respect of such institution, and thereupon, the provisions of sub-section (4) shall, mutatis mutandis apply.
(7)Every notice issued by the Director under sub-section (3) on or before the service of the notice referred to in sub-section (5) and not finally disposed of on the date of such service shall with effect from the said date, be deemed to have been placed in abeyance :Provided that nothing contained in this sub-section shall be deemed to prevent the Director to take action upon grounds other than those mentioned in clauses (iii) and (v) of sub-section (3) in case the notice issued by the State Government under subsection (5) is discharged.
(8)If the State Government is of opinion that immediate suspension of the Committee of Management is also necessary or expedient in the interest of the institution concerned, it may, while issuing notice under sub-section (5), by order and for reasons to be recorded, suspend the Committee of Management and make such arrangement as it thinks proper for managing the affairs of the institution pending the order that may subsequently be made under sub-section (6) :Provided that the suspension shall not remain in force for more than six months from the date it becomes effective.Explanation I. - For the removal of doubts it is hereby declared that in computing the period of time specified in sub-section (4) or sub-section (8), the time during which the operation of the order was suspended by the High Court in exercise of the powers under Article 226 of the Constitution shall be excluded.Explanation II. - Nothing in sub-section (4) or sub-section (6) shall preclude the State Government from removing of appointment of an Authorised Controller appointed under any of the said provisions.
(9)Nothing in this section shall be construed to confer on the Authorised Controller appointed under sub-section (4) or sub-section (8), the power to transfer any immovable property belonging to the institution (except by way of letting from month to month in the ordinary course of management) or to create any charge thereon (except as a condition of receipt of any grant-in-aid for the institution from the State Government or the Government of India).
(10)Any order made under this section shall have effect notwithstanding anything inconsistent therewith contained in any other enactment or in any instrument (including any Scheme of Administration relating to the management and control of the institution or its property :Provided that the property of the institution and may income therefrom shall continue to be applied for the purposes of the institution as provided in any such instrument.
(11)The Director may give to the Authorised Controller such directions as he may deem necessary for the proper management of the institution or its properties, and the Authorised Controller shall carry out those directions.
(12)No order made by the Board withdrawing recognition in pursuance of a reference made under sub-section (3) and no order made or direction given under this section by the Director or the State Government shall be called in question in any Court, and no injunctions shall be granted by any Court in respect of any action taken or to be taken in pursuance of any power conferred by or under this section.
(13)The powers conferred by this shall be in addition to, and not in derogation of any powers conferred on the State Government or the Authorised Controller under any other law for the time being in force.
(14)Nothing contained in sub-sections (3) to (13) shall apply to all institution established and administered by a minority referred to in clause (1) of Article 30 of the Constitution of India.] [Substituted by U.P. Act No. 1 of 1981.][16DD. (1) Wherever an Authorised Controller is appointed under sub-section (4) or sub-section (8) of Section 16-D, -
(a)he shall take over the Management of the concerned institution and its properties to the exclusion of its Committee of Management, and shall, subject to such restrictions as the State Government may impose, have all such powers and authority as the Committee would have if the institution and its properties were not taken over under the said sub-section;
(b)every person in whose possession, custody or control any property of the institution may be, shall deliver such property to the Authorised Controller forthwith.
(2)Every person who on the date of the order referred to in sub-section (4) or sub-section (8) of Section 16-D has in his possession or control any books or other documents relating to the institution or to its property shall be liable to account for the said books and other documents to the Authorised Controller and shall deliver them to him or to such person as the Authorised Controller may specify in this behalf.
(3)The Authorised Controller may apply to the Collector for delivery of possession and control over the institution or its properties or any part thereof, and the Collector may take all necessary steps for securing possession to the Authorised Controller of such institution or property, and in particular, may use or cause to be used such force as may be necessary.Explanation. - In this section and Section 16-D, unless the context otherwise requires, 'property' in relation to an institution, includes all property, movable and immovable belonging to or endowed wholly or partly for the benefit of the institution including lands, buildings (including hostels), works, library, laboratory instruments, equipment, furniture, stationery, stores, automobiles and other vehicles, if any, and other things pertaining to the institution, cash in hand, cash at bank, income from fees, boys funds and Government grants, investments and book debts, and all other rights and interests arising out of such property as may be in the ownership, possession, power or control of the institution and all books of accounts, registers and all other documents of whatever nature relating thereto, and shall also be deemed to include all subsisting borrowing, liabilities and obligations of whatever kind, of the institution.] [Substituted by U.P. Act No. 1 of 1981.][16E. Procedure for selection of teachers and head of institutions. - (1) Subject to the provisions of this Act, the Head of Institution and teachers of an institution shall be appointed by the Committee of Management in the manner hereinafter provided.
(2)Every post of Head of Institution or teacher of an institution shall, except to the extent prescribed for being filled by promotion, be filled by direct recruitment after intimation of the vacancy to the Inspector and advertisement of the vacancy containing such particulars as may be prescribed, in at least two newspapers having adequate circulation in the State.
(3)No person shall be appointed as Head of Institution or teacher in an institution unless he possesses the minimum qualification prescribed by the regulations :Provided that a person who does not possess such qualification may also be appointed if he has been granted exemption by the Board having regard to his education, experience and other attainments.
(4)Every application for appointment as Head of Institution or teacher of an institution in pursuance of an advertisement published under sub-section (2) shall be made to the Inspector and shall be accompanied by such fee which shall be paid in such manner as may be prescribed] [Substituted by U.P. Act No. 26 of 1975.] [* * *] [Omitted by U.P. Act No. 12 of 1978 (w.e.f. 21.1.1978).].
(5)[ (i) After the receipt of applications under sub-section (4), the Inspector shall cause to be awarded, in respect of each such applications, quality-point marks in accordance with the procedure and principles prescribed, and shall thereafter, forward the applications to the Committee of Management.
(ii)The applications shall be dealt with, the candidates shall be called for interview. and the meeting of the Selection Committee shall be held, in accordance with the Regulation.]
(6)The Selection Committee shall prepare a list containing in order of preference the names, as far as practicable, of three candidates for each post found by it to be suitable for appointment and shall communicate its-recommendations together with such list to the Committee of Management.
(7)Subject to the provisions of sub-section (8), the Committee of Management shall, on receipt of the recommendations of the Selection Committee under sub-section (6), first offer appointment to the candidate given the first preference by the Selection Committee, and on his failure to join the post, to the candidate next to him in the list prepared by the Selection Committee under this section, and on the failure of such candidate also, to the last candidate specified in such list.
(8)The Committee of Management shall, where it does not agree with the recommendations of the Selection Committee, refer the matter together with the reasons of such disagreement to the Regional Deputy Director of Education in the case of appointment to the post of Head of Institution and to the Inspector in the case of appointment to the post of teacher of an Institution, and his decision shall be final.
(9)Where no candidate approved by the Selection Committee for appointment is available, a fresh selection shall be held in the manner laid down in this section.
(10)Where the State Government, in case of the appointment of Head of Institution, and the Director in the case of the appointment of teacher of an institution, is satisfied that any person has been appointed as Head of Institution or teacher, as the case may be, in contravention of the provisions of this Act, the State Government or, as the case may be, the Director may, after affording an opportunity of being heard to such person, cancel such appointment and pass such consequential order as may be necessary.
(11)Notwithstanding anything contained in the foregoing sub-sections, appointments in the case of a temporary vacancy caused by the grant of leave to an incumbent for a period not exceeding six months or [by death, termination or otherwise] [Substituted by U.P. Act No. 12 of 1978 (w.e.f. 21.1.1978).] of an incumbent occurring during an educational session, may be made by direct recruitment or promotion without reference to the Selection Committee in such manner and subject to such conditions as may be prescribed :[Provided that no appointment made under this sub-section shall, in any case, continue beyond the end of the educational session during which such appointment was made.] [Inserted by U.P. Act No. 12 of 1978 (w.e.f. 21.1.1978).][16EE. Absorption of retrenched employees. - (1) Where any employee of an institution has been retrenched on or after July 1, 1974 but before the commencement of the Intermediate Education (Amendment) Act, 1980 and such employee possesses minimum qualifications prescribed therefor on the date of initial appointment the Regional Deputy Director of Education shall, on an application made in this behalf, direct that subject to the provisions of this section, such employee be absorbed against any permanent vacancy occurring in the same or any other institution situate in any district within his jurisdiction :Provided that in the case of an employee retrenched on or after the date of such commencement the Regional Deputy Director of Education may issue directions under this section without any application from the employee concerned.
(2)Every application referred to in sub-section (1) shall be made within six months from the date of commencement of the Intermediate Education (Amendment) Act, 1980.
(3)Where any direction is issued by the Regional Deputy Director of Education under sub-section (1) the following consequences shall ensue namely, -
(i)the Committee of Management of the institution concerned shall be bound to comply with every such direction, and the employee in whose favour such direction is issued shall be deemed to be an employee of such institution from the date of the order of appointment issued by the Committee to him or from the expiry of a period of two months from the date of service of the direction on the Committee of Management under sub-section (1), whichever is earlier.
(ii)the period of substantive service rendered by such employee in any institution before the date of his retrenchment shall be counted for the purposes of his seniority and pension.
(iii)where the employee concerned fails to join the post within the time allowed therefore, the benefits of this section shall not be available to him.
(4)Any person aggrieved by the direction issued under sub-section (1) may make a representation to the Director within one month from the date of service on him of such direction, and the order of the Director thereon shall be final.
(5)The provisions of this section shall have effect notwithstanding anything contained in any other provisions of this Act or any other law for the time being in force.] [Inserted by U.P. Act No. 1 of 1981.]
(6)[ Nothing in this section shall apply to an institution established and administered by a minority referred to in clause (1) of Article 30 of the Constitution of India.] [Inserted by U.P. Act No. 9 of 1981 (w.e.f. 11.2.1981).]Explanation. - For the purpose of this section, -
(a)'employee' in relation to an institution means a teacher, head of institution or other employee thereof holding a permanent post on the date immediately preceding the date of retrenchment;
(b)'institution' includes a training institution recognised by the State Government or the Director;
(c)retrenchment in relation to an employee of an institution means the termination of his services for any reason other than resignation, retirement or removal by way of punishment inflicted in disciplinary proceedings.
[16F. Selection Committees. - (1) For the selection of candidates for appointment as Head of an Institution, there shall be a Selection Committee consisting of, -
(i)the President or any member of the Committee of Management nominated by the Committee by resolution in that behalf, who shall be the Chairman;
(ii)a member of the Committee of Management other than the one referred to in clause (i), nominated by it in this behalf;
(iii)three experts nominated by the Regional Deputy Director of Education from persons not belonging to the district in which the institution is situated, out of the panel of names prepared under this section.
(2)For the selection of candidates for appointment as teacher in an institution, there shall be a Selection Committee consisting of, -
(i)the President or any member of the Committee of Management, nominated by the Committee by resolution in that behalf, who shall be the Chairman;
(ii)the Head of such institution;
(iii)three experts nominated by the Inspector from persons not belonging to the district in which the institution is situated, out of the panel of names prepared under this section.
(3)In respect of any institution for which Authorised Controller has been appointed under this Act, the Authorised Controller shall, in relation to such institution be deemed substituted for the person referred to in clauses (i) and (ii) of sub-section (1) or clause (i) of sub-section (2), as the case may be.
(4)A panel of experts for every region shall be drawn by the Director in such manner as may be prescribed and shall be revised once every three years.
(5)The business of the Selection Committee shall be conducted in such manner as may be prescribed :Provided that the majority of the total membership of any Selection Committee shall form the quorum of such Committee :Provided further that no recommendation made by the Selection Committee in respect of any candidate shall be valid, unless two of the experts referred to in clause (iii) of sub-section (1) or sub-section (2), as the case may be, have agreed to it.
(6)No proceeding of the Selection Committee shall be invalid by reason only of a defect in its constitution or vacancy among its members.] [Substituted by U.P. Act No. 26 of 1975.][16FF. Minority savings as to minority institutions. - (1) Notwithstanding anything in sub-section (4) of Section 16-E, and Section 16-F, the Selection Committee for the appointment of a Head of Institution or a teacher of an institution established and administered by a minority referred to in clause (1) of Article 30 of the Constitution shall consist of five members (including its Chairman) nominated by the Committee of Management :Provided 'hat one of the members of the Selection Committee shall, -
(a)in the case of appointment of the Head of an Institution, be an expert selected by the Committee of Management from a panel of experts prepared by the Director;
(b)in the case of appointment of a teacher, be the Head of the Institution concerned.
(2)The procedure to be followed by the Selection Committee referred to in sub-section (1) shall be such as may be prescribed.
(3)No person selected under this section shall be appointed, unless, -
(a)in the case of the Head of an Institution the proposal of appointment has been approved by the Regional Deputy Director of Education; and
(b)in the case of a teacher such proposal has been approved by the Inspector.
(4)The Regional Deputy Director of Education or the Inspector, as the case may be, shall not withhold approval for the selection made under this section where the person selected possesses the minimum qualifications prescribed and is otherwise eligible.
(5)Where the Regional Deputy Director of Education or the Inspector, as the case may be. does not approve of a candidate selected under this section, the Committee of Management may, within three weeks from the date of receipt of such disapproval, make a representation to the Director in the case of the Head of Institution, and to the Regional Deputy Director of Education in the case of a teacher.
(6)Every order passed by the Director or the Regional Deputy Director of Education on a representation under sub-section (5) shall be final.] [Substituted by U.P. Act No. 26 of 1975.][16FFF. Provisions for assistance during examination. - (1) For the conduct of Board's examinations, evaluation of answer-books in such examination and preparation of result thereof, the Committee of Management, Head of Institution, every teacher and other employee in relation to an institution, shall render such assistance, perform such duties and discharge such functions as may be required, entrusted or assigned to it or him by or under this Act.
(2)Where the Director is satisfied that any such Committee, Head of Institution, teacher or employee has failed to carry out any direction issued under sub-section (1), he may, for the conduct of Board's Examinations, evaluation of answer-books in such examination or preparation of result thereof, take such measures (including requisition and taking possession of the building, furniture or any other property of the institution) and for such period as appears to him to be necessary therefor.] [Substituted by U.P. Act No.26 of 1975.]