(1)On and from the appointed day every teacher, officer and other employees serving under a local body exclusively in connection with basic schools (including any supervisory or inspecting staff) immediately before the said day shall be transferred to and become a teacher, officer or other employee of the Board and shall hold office by the same tenure, at the same remuneration and upon the same other terms and conditions of service as he would have held the same if the Board had not been constituted and shall continue to do so unless and until such tenure, remuneration and other terms and conditions are [altered by the rules made by the State Government in that behalf] [Substituted by U.P. Act No. 12 of 1978 (w.e.f. 27.4.1978).] :Provided that any service rendered under the local body by any such teacher, officer or other employee before the appointed day shall be deemed to be service rendered under the Board :Provided further that the board may employ any such teacher, officer or other employee in the discharge of such functions under this Act as it may think proper and every such teacher, officer or other employee shall discharge those functions accordingly.(2)Nothing in sub-section (1) shall apply to any teacher, officer or other employee, who by notice in writing in that behalf to the State Government within a period of two months from the appointed day intimates his option for not becoming an employee of the Board, and where any employee gives such notice, his service under the local body shall stand determined with effect from the appointed day and he shall be entitled to compensation from the local body, which shall be as follows -(a)in the case of a permanent employee, a sum equivalent to his salary (including all allowances) for a period of three months or for the remaining period of his service, whichever is less;(b)in the case of a temporary employee, a sum equivalent to his salary (including all allowances) for one month or for the remaining period of his service, whichever is less.(3)Notwithstanding anything in sub-section (1), any person referred to therein, who becomes an employee of the Board shall be liable to be transferred from the school or from the local area in which he was employed immediately before the appointed day to any other school or institution belonging to the Board or, as the case may be, to any other local area at the same remuneration and on the same other terms and conditions of service as governed him immediately before such transfer [until such tenure, remuneration and other terms and conditions are altered by the rules referred to in sub-section (1)] [Inserted by U.P. Act No. 12 of 1978 (w.e.f. 21.4.1978).]:Provided that no teacher of a basic school [which before the appointed day belonged to a local body] [Substituted by U.P. Act No. 5 of 1977 (w.e.f. 21.4.1977).] shall be transferred to a basic school belonging to any other local body except with his consent.(4)If any question arises whether the services of any person stand transferred to the Board under sub-section (1) or as to the remuneration and other terms and conditions of service of such employee immediately before the appointed day, it shall be decided by the State Government whose decision shall be final.(5)Any provident fund maintained by any local body for the employees referred to in sub-section (1) alongwith all contributions of such employees as well as of the local body which ought to have been but have not been deposited therein before the appointed day, shall be transferred by the local body to the Board, which shall hold it in trust for the employees concerned in accordance with the terms and conditions governing such fund.(6)The transfer of services of any employee to the Board under sub-section (1) shall not entitle any such employee to any compensation and no such claim shall be entertained by any Court, Tribunal or Authority.[9A. Control of teacher and properties of basic schools. - (1) Notwithstanding anything contained to the contrary in any other provisions of this Act, on and from the date of commencement of the Uttar Pradesh Basic Education (Amendment) Act, 2000, -(a)every teacher of the basic school serving under, the Board immediately before such commencement shall be under the. administrative control of the Gram Panchayat or the Municipality, as the case may be, within whose territorial limits the basic school, is situated;(b)all buildings, properties and assets of the Board in respect of a basic school shall stand transferred to, and vest in, the Gram Panchayat or the Municipality, as the case may be, within whose territorial limits the basic school is situated;(c)where any building or part thereof is occupied by a tenant by the Board for the purpose of a basic school immediately before such commencement, the tenancy in respect of such building or part thereof shall, notwithstanding anything contained in any contract, lease or other instrument, stand transferred in favour of the Gram Panchayat, or the Municipality, as the case may be;(d)the Board shall cease to be the licensee in respect of the building or part thereof referred to in sub-section (2) of Section 18-A and the Gram Panchayat or the Municipality, as the case may be, within whose territorial limits such building is situated shall, if it is not already owner thereof, be deemed to have become licensee in respect of such building or part thereof on such terms and conditions as may be determined by the State Government.(2)No Gram Panchayat or Municipality shall have the power to transfer by sale, gift, exchange, mortgage, lease or otherwise any building, property or assets transferred to, and vested in, such Gram Panchayat or Municipality, as the case may be, under sub-section (1)] [Inserted by U.P Act No. 18 of 2000 (w.e.f. 21.6.1999).].[10. Functions of Zila Panchayats. - Without prejudice to the powers and functions of Zila Panchayats under the Uttar Pradesh Kshettra Panchayats and Zila Panchayats Adhiniyam, 1961, every Zila Panchayat shall, subject to superintendence and directions of the Board or the State Government perform all or any of the following functions, namely :-(a)to prepare schemes for the development, expansion and improvement of basic schools in the rural areas of the district;(b)to supervise generally in such manner as may be prescribed the activities of Gram Panchayats in the district with regard to basic education;(c)to perform such other functions pertaining to basic education as may be entrusted to it by the State Government.][10A. Functions of Municipalities. - Without prejudice to the powers and functions of Municipalities under the Uttar Pradesh Municipal Corporations Act, 1959 or the Uttar Pradesh Municipalities Act, 1916, as the case may be, every Municipality shall, subject to superintendence and control of the Board or the State Government, perform all or any of the following functions, namely :-(a)to establish, administer, control and manage basic schools in the Municipal area;(b)to take all such necessary steps as may be considered necessary to ensure punctuality and attendance of teachers and other employees of basic schools;(c)to prepare schemes for the development, expansion and improvement of such basic schools;(d)to promote and develop basic education, non-formal education and adult education in the Municipal area;(e)to make recommendation for minor punishment in such manner as may be prescribed on a teacher or other employee of a basic school situate within the limits of the municipal area.][11. Gaon Shiksha Samiti and its function. - (1) For each village or group of villages for which a Gram Panchayat is established under the United Provinces Panchayat Raj Act, 1947, there shall be established a committee to be known as Gaon Shiksha Samiti which shall consist of the following members, namely :-(a)the Pradhan of the Gram Panchayat, who shall be the Chairman;(b)three guardians of students of basic schools (of whom one guardian must be a woman) to be nominated by the Assistant Basic Education Officer;(c)the headmaster of the basic school situated in the Gram Panchayat and if there are more than one such schools, the senior-most of the headmasters thereof, who shall be the Member-Secretary.(2)Except as otherwise provided in any other provisions of this Act and subject to the supervision and control of the Gram Panchayat, the Gaon Shiksha Samiti shall perform the following functions, namely :-(a)to establish, administer, control and manage basic schools in the panchayat area;(b)to prepare schemes for the development, expansion and improvement of such basic schools;(c)to promote and develop basic education, non-formal education and adult education in the panchayat area;(d)to make suggestions to the Zila Panchayat for the improvement of basic schools, buildings and the equipment thereof;(e)to take all such necessary steps as may be considered necessary to ensure punctuality and attendance of teachers ana other employees of basic schools;(f)to make recommendation for minor punishment in such manner as may be prescribed on a teacher or other employee of a basic school situate within limits of the panchayat area;(g)such other functions pertaining to basic education as may be entrusted to it by the State Government.]
