Section 5 in The U.P. High Schools And Intermediate Colleges (Payment Of Salaries Of Teachers And Other Employees) Act, 1971
5. Procedure for payment of salary in the case of certain institutions. -
(1)The management of every institution shall, for the purpose of disbursement of salaries to its teachers and employees, open [in a Scheduled Bank or a Cooperative Bank] [Substituted by U.P. Act No. 26 of 1975.] a separate account to be opened jointly by a representative of the management and by the Inspector or such other officer as may be authorised in that behalf :Provided that after the account is opened, the Inspector may, if he is, subject to any rules made under this Act, satisfied that it is expedient in the public interest so to do, instruct the bank that the account shall be operated by the representative as the management alone, and may at any time revoke such instruction :Provided further that in the case referred to in the provision to subsection (2), or where a difficulty arises in the disbursement of salaries due to any default of the management, the Inspector may instruct the Bank that the account shall be operated only by himself or by such other officer as may be authorised by him in that behalf and may at any time revoke such instruction.(2)The management shall deposit in the said account by such date as may be specified by general or special orders by the Inspector, eighty per cent or where the State Government or an officer authorised by the State Government having regard to the money required to be disbursed directs a higher percentage, then such higher percentage as it or he may direct of the amount received from students as fees which in accordance with the general or special orders of the State Government in that behalf [and for so along as such orders are not made in accordance with the direction of the Inspector] [Inserted by U.P. Act No. 26 of 1975.] form part of the maintenance fund :Provided that where the said percentage of fees is not deposited as aforesaid the Inspector may by order prohibit the management from making any realization of fees from the students, and thereupon the Inspector may recover the fees (either through the teachers of the institution or in such other manner as the thinks fit) directly from the students and shall deposit the fees so recovered in the said account.(3)The entire amount of the maintenance grant and the amount of eighty per cent or such higher percentage as the State Government or an officer authorised by the State Government, may be general or special order in that behalf determine, of the grants for reimbursement of freeships and other similar concessions shall also be paid by the State Government into the said account.(4)No money credited to the said account shall be applied for any purpose except the following, namely :(a)payment of the said salaries falling due for any period after March 31, 1971;(b)credit of the institution's contribution, if any, to the provident fund accounts of the teachers and employees;and such portion of the balance in the accounts at the end of the month of July each year as exceeds the aggregate of one month's salary of the teachers and employees of the institution after meeting the liability for payment of their salaries for the period for which fees have been realised from the students shall be made over to the management for expenditure on the institution;(c)[ such other expenditure for the purposes of the institution as may be directed by the State Government or by an officer authorised by the State Government in that behalf;] [Inserted by U.P. Act No. 26 of 1975.](5)The salary of a teacher or employee shall be paid by transfer of the amount from the said account, in any, in the same bank, or if he has no account in that bank, then by cheque.(6)In respect of a place where there is no [Scheduled Bank or a Cooperative Bank] [Substituted by U.P. Act No. 26 of 1975.], the provisions of this section shall apply with such modifications as the State Government may, by notification in the Gazette specify, and the reference in this section to bank shall in that case be construed as reference to a post office savings bank.
