Section 16G in Uttar Pradesh Intermediate Education Act, 1921
16G. [Conditions of service of Head of Institutions, teachers and other employees] [Substituted by U.P. Act No. 26 of 1975.]
. - (1) Every person employed in a recognised institution shall be governed by such conditions of service as may be prescribed by Regulations and any agreement between the management and such employee insofar as it is inconsistent with the provisions of this Act or with the Regulations shall be void.(2)Without prejudice to the generality of the powers conferred by sub-section (1), the Regulations may provide for, -(a)the period of probation, the conditions of confirmation and the procedure and conditions for promotion and punishment, [(including suspension pending or in contemplation of inquiry or during the pendency of investigation, inquiry or trial in any criminal case for an offence involving moral turpitude)] [Substituted, by ibid.] and the emoluments for the period of suspension and termination of service with notice;(b)the scales of pay, and payment of salaries;(c)transfer of service from one recognised institution to another;(d)grant of leave and Provident Fund and other benefits; and(e)maintenance of record of work and service.(3)(a)No Principal, Headmaster or teacher may be discharged or removed or dismissed from service or reduced in rank or subjected to any diminution in emoluments, or served with notice of termination of service except with the prior approval in writing of the Inspector. The decision of the Inspector shall be communicated within the period to be prescribed by regulations.(b)The Inspector may approve or disapprove or reduce or enhance the punishment or approve or disapprove of the notice for termination of service proposed by the management :Provided that in the cases of punishment.before passing orders, the Inspector shall give an opportunity to the Principal, the Headmaster or the teacher to show cause within a fortnight of the receipt of the notice why the proposed punishment should not be inflicted.(c)[ Any party may prefer an appeal to the Regional Deputy Director, Education, against an order of the Inspector under clause (b), whether passed before or after the commencement of the Uttar Pradesh Intermediate Education (Sanshodhan) Adhiniyam, 1966, within one month from the date of communication of the order to that party, and the Regional Deputy Director may, after such further enquiry, if any, as he considers necessary, confirm, set aside or modify the order, and the order passed by the Regional Deputy Director shall be final. In case the order under appeal was passed by the very person holding the office of Regional Deputy Director, while acting as Inspector, the appeal shall be transferred by order of the Director to some other Regional Deputy Director for decision, and the provisions of this clause shall apply in relation to decision by that other Regional Deputy Director as if the appeal had been preferred to himself.] [Substituted by U.P. Act No. 7 of 1966 (w.e.f. 24.12.1965).](d)[ All appeals preferred under clause (c) as it stood before the date of commencement of the Intermediate Education (Sanshodhan) Adhiniyam, 1966. and pending decision immediately before the said date shall be decided by the Regional Deputy Director, Education, in accordance with clause (c) as substituted by the said Adhiniyam.] [Substituted by Act No. 7 of 1966 (w.e.f. 24.12.1965).](4)An order made or decision given by the competent authority under sub-section (3) shall not be questioned in any Court and the parties concerned shall be bound to execute the directions contained in the order or decision within the period that may be specified therein.(5)[ No Head of Institution or teacher shall be suspended by the Management, unless in the opinion of the Management, -(a)the charges against him are serious enough to merit his dismissal, removal or reduction in rank; or(b)his continuance in office is likely to hamper or prejudice the conduct of disciplinary proceedings against him; or(c)any criminal case for an offence involving moral turpitude against him is under investigation, inquiry or trial.(6)Where any Head of Institution or teacher is suspended by the Committee of Management, it shall be reported to the Inspector within thirty days from the date of the commencement of the Uttar Pradesh Secondary Education Laws (Amendment) Act, 1975, in case the order of suspension was passed before such commencement, and within seven days from the date of the order of suspension in any other case, and the report shall contain such particulars as may be prescribed and be accompanied by all relevant documents.(7)No such order of suspension shall, unless approved in writing by the Inspector, remain in force more than sixty days form the date of commencement of the Uttar Pradesh Secondary Education Laws (Amendment) Act, 1975, or as the case may be, from the date of such order, and the order of the Inspector shall be final and shall not be questioned in any Court.(8)If, at any time, the Inspector is satisfied that disciplinary proceedings against the Head of Institution or teacher are being delayed, for no fault of the Head of Institution or the teacher, the Inspector may, after affording opportunity to the Management to make representation revoke an order of suspension passed under this section.(9)All appeals pending before the Deputy Director of Education (Women) immediately before the commencement of this sub-section shall be transferred to the Joint Director of Education (Women) for disposal :Provided that where the Deputy Director of Education (Women) has already commenced the hearing of any such appeal before the commencement of this sub-section, the appeal shall be disposed of by the Deputy Director of Education (Women) herself.Explanation. - For the purposes of this section, the expression 'Regional Deputy Director. Education shall, in relation to a girls' institution mean the Joint Director of Education (Women).] [Substituted by U.P. Act No. 26 of 1975.][16GG. Regularisation of appointment of ad hoc teachers. - (1) Notwithstanding anything contained in Sections 16-E, 16-F and 16-FF, every teacher of an institution appointed between August 18, 1975 and September, 30, 1976 (both dates inclusive) on ad hoc basis against a clear vacancy and possessing prescribed qualifications or having been exempted from such qualifications in accordance with the provisions of this Act, shall, with effect from the date of commencement of this section, be deemed to have been appointed in a substantive capacity, provided such teacher has been continuously serving the institution from the date of his appointment up to the commencement of this section.Explanation. - For the purposes of this sub-section, the period during which any break in service of teacher has occurred between the date of his ad hoc appointment and the date of commencement of this section for any reason not arising out of his misconduct or his own volition shall disregarded :Provided that nothing in this section shall be construed as entitling such teacher to any pay or allowance for any such period of break in his service.(2)Every teacher deemed to have been appointed in a substantive capacity under sub-section (1) shall be deemed to be on probation from the date of commencement of this section.(3)Nothing in this section shall be construed to entitle to any teacher to, -(a)substantive appointment on any post if on the date of commencement of this section, such post has already been filled or selection for such post has already been made in accordance with this Act or the regulations made thereunder; or(b)substantive appointment if such teacher was related to any member of the Committee of the Management or the Principal or Headmaster of the institution concerned.Explanation. - For the purposes of this sub-section, a person shall be deemed to be related to another if, -(a)they are members of a Hindu Undivided family; or(b)they are husband and wife; or(c)the one is related to the other in the manner indicated in the] [Second Schedule.] [Substituted by U.P. Act No. 12 of 1978 (w.e.f. 21.1.1978).]
