Section 33 in The U.P. Secondary Education Services Selection Board Act, 1982
33. 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 :[Provided that no such order shall be made after two years from the date of commencement of the Uttar Pradesh Secondary Education Services Boards (Amendment) Act, 1995.] [Substituted by U.P. Act No. 15 of 1995 (w.e.f. 28.12.1994).](2)Every order made under sub-section (1) shall be laid down before both the Houses of 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.[33A. Regularisation of certain appointment. - (1) Every teacher directly appointed before the commencement of the Uttar Pradesh Secondary Education Services Commission and Selection Boards (Amendment) Ordinance, 1985, on ad hoc basis against a substantive vacancy in accordance with paragraph 2 of the Uttar Pradesh Secondary Education Services Commission (Removal of Difficulties) Order, 1981, as amended from time to time, who possesses the qualifications prescribed under, or is exempted from such qualification in accordance with the provisions of the Intermediate Education Act, 1921, shall, with effect from the date of such commencement, be deemed to have been appointed in a substantive capacity provided such teacher has been continuously serving the Institution from the date of such appointment up to the date of such commencement.] [Inserted by U.P. Act No. 19 of 1985 (w.e.f. 28.12.1994).](1A)[ Every teacher appointed by promotion on ad hoc basis against a substantive vacancy in accordance with paragraph 2 of the Uttar Pradesh Secondary Education Services Commission (Removal of Difficulties) Order, 1981, as amended from time to time, who possesses the qualifications prescribed under or, is exempted from such qualifications in accordance with the provisions of the Intermediate Education Act, 1921 shall, with effect from the date of commencement of the Uttar Pradesh Secondary Education Services Commission and Selection Boards (Amendment) Act, 1991, be deemed to have been appointed in a substantive capacity, provided such teacher has been continuously serving the Institution from the date of such ad hoc appointment to the date of such commencement.(1B)Every teacher directly appointed after June 12, 1985 and before May 13, 1989 on ad hoc basis against a substantive vacancy in the Certificate of Teaching Grade in accordance with paragraph 2 of the Uttar Pradesh Secondary Education Services Commission (Removal of Difficulties) Order, 1981 as amended from time to time who possesses the qualifications prescribed under, or is exempted from such qualification in accordance with the provisions of the Intermediate Education Act, 1921 shall with effect from the commencement of the Uttar Pradesh Secondary Education Services Commission and Selection Boards (Amendment) Act, 1991, be deemed to have been appointed in substantive capacity provided such teacher has been continuously serving the Institution from the date of such ad hoc appointment to the date of such commencement.(1C)Every teacher appointed by promotion or by direct recruitment before July 31,1988 on ad hoc basis against a substantive vacancy in accordance with Section 18, who possesses the qualifications prescribed under, or is exempted from such qualification in accordance with the provisions of the Intermediate Education Act, 1921, shall, with effect from the date of commencement of the Uttar Pradesh Secondary Education Services Commission and Selection Boards (Amendment) Act, 1991, be deemed to have been appointed in a substantive capacity, provided such teacher has been continuously serving the Institution from the date of such ad hoc appointment to the date of such commencement.] [Inserted by U.P. Act No. 26 of 1991 (w.e.f. 6.4.1991).](2)[ Every teacher deemed to have been appointed in a substantive capacity under sub-section (1) or (1-A) or (1-B) or (1-C), shall be deemed to he on probation from the date of commencement referred to in sub-section (1) or (1-A) or (1-B) or (1-C) as the case may be.] [Substituted by U.P. Act No. 26 of 1991 (w.e.f. 6.4.1991).](3)Nothing in this Section shall be construed to entitle any teacher to substantive appointment -(a)if on the date of [commencement referred to in sub-section (1) or (1-A) or (1-B) or (1-C) such post had already been filled or selection for such post had already been made in accordance with this Act, or [Substituted by U.P. Act No. 26 of 1991 (w.e.f. 6.4.1991).](b)if such teacher was related to any member of the Committee of Management or the Principal or Head Master of the Institution concerned.Explanation. - For the purposes of this sub-section a person shall be deemed to be related to another if -(i)they are members of a Hindu undivided family; or(ii)they are husband and wife; or(iii)the one is related to the other in the manner indicated in the Second Schedule to the Intermediate Education Act, 1921.][33B. Regularisation of certain other appointments. - (1) Any teacher other than the Principal or Headmaster, who -(a)(i)was appointed by promotion or by direct recruitment in the lecturer grade or Trained Graduate grade on or before May 14, 1991 or in the Certificate of Teaching grade on or before May 13, 1989 against a short term vacancy in accordance with paragraph 2 of the Uttar Pradesh Secondary Education Services (Removal of Difficulties) (Second) Order, 1981 and such vacancy was subsequently converted into a substantive vacancy; or(ii)was appointed by direct recruitment on or after July 14, 1981 but not later than June 12, 1985 on ad hoc basis against substantive vacancy in the Certificate of Teaching grade through advertisement and such appointment was approved by the Inspector; or(iii)was appointed by promotion or by direct recruitment on or after July 31, 1988 but later than May 14, 1991 on ad hoc basis against a substantive vacancy in accordance with Section 18] [as it stood before its substitution by the Uttar Pradesh Secondary Education Services Commission and Selection Boards (Amendment) Act, 1992] [Substituted by U.P. Act No. 15 of 1995 (w.e.f. 28.12.1994).];(b)possesses the qualification prescribed under or is exempted from such qualification in accordance with the provisions of the Intermediate Education Act, 1921;(c)has been continuously serving the Institution from the date of such appointment up to the date of the commencement of the Act referred to in sub-clause (iii) of clause (a);(d)is not related to any member of the management or the Principal or Head Master of the Institution concerned in the manner specified in the explanation to sub-section (3) of Section 33-A;(e)has been found suitable for appointment in a substantive capacity by a Selection Committee constituted under sub-section (2), shall be given substantive appointment by the Management.(2)(a)For each region, there shall be a Selection Committee comprising -(i)Regional Deputy Director of Education of that region, who shall be the Chairman,(ii)One officer holding a Group "A" post (specified as such by the State Government from time to time) in any department other than Education Department, to be nominated by the State Government,(iii)Regional Inspectress of Girls Schools of that region :Provided that the Inspector of the district shall be co-opted as a member while considering the case for regularisation of that district.(b)The Selection Committee constituted under clause (a) shall consider the case of every such teacher and on being satisfied about his eligibility and suitability in view of the provision of sub-section (1) shall, subject to the provisions of sub-section (3) recommend his name to the management for appointment under sub-section (1) in a substantive vacancy.(3)(a)The names of the teachers shall be recommended for substantive appointment in order of seniority as seniority from the date of their appointment.(b)If two or more such teachers are appointed on the same date, the teacher who is older in age shall be recommended first.(4)Every teacher appointed in a substantive capacity under sub-section (1) shall be deemed to be on probation from the date of such substantive appointment.(5)A teacher who is not found suitable under sub-section (1) and a teacher who is not eligible to get a substantive appointment under that subsection shall cease to hold the appointment on such date as the State Government may by order specify.(6)Nothing in the Section shall be construed to entitle any teacher to substantive appointment if on the date of commencement of the Act referred to in sub-section (iii) of clause (a) of sub-section (1), such vacancy had already been filled or selection for such vacancy has already been made in accordance with this Act.[33C. Regularisation of certain more appointments. - (1) Any teacher who -(a)(i)was appointed by promotion or by direct recruitment on or after May 14, 1991 but not later than August 6, 1993 on ad hoc basis against substantive vacancy in accordance with section 18, in the Lecturer grade or the Trained Graduate grade;(ii)was appointed by promotion on or after July 31,1988 but not later than August 6,1993 on ad hoc basis against a substantive vacancy in the post of a Principal or Head Master in accordance with Section 18;(b)possesses the qualification prescribed under, or is exempted from such qualification in accordance with, the provisions of the Intermediate Education Act, 1921;(c)has been continuously serving the Institution from the date of such appointment up to the date of the commencement of the Uttar Pradesh Secondary Education Services Commission (Amendment) Act, 1998;(d)has been found suitable for appointment in a substantive capacity by a Selection Committee constituted under sub-section (2);shall be given substantive appointment by the Management.(2)(a)For each region, there shall be a Selection Committee comprising, -(i)Regional Joint Director of Education of that region, who shall be the Chairman;(ii)Regional Deputy Director of Education (Secondary) who shall be member;(iii)Regional Assistant Director of Education (Basic) who shall be a member.In addition to above members, the District Inspector of Schools of the concerned district shall be co-opted as member while considering the cases for regularisation of that district.(b)The Procedure of selection for substantive appointment under sub-section (1) shall be such as may be prescribed.(3)(a)The names of the teachers shall be recommended for substantive appointment in order of seniority as determined from the date of their appointment.(b)If two or more such teachers are appointed on the same date, the teacher who is elder in age shall be recommended first.(4)Every teacher appointed in a substantive capacity under sub-section (1) shall be deemed to be on probation from the date of such substantive appointment.(5)A teacher who is not found suitable under sub-section (1) and a teacher who is not eligible to get a substantive appointment under that sub-section shall cease to hold the appointment on such date as the State Government may by order specify.(6)Nothing in this Section shall be construed to entitle any teacher to substantive appointment, if on the date of commencement of the Ordinance referred to in clause (c) of sub-section (1) such vacancy had already been filled or selection for such vacancy has already been made in accordance with this Act.] [Inserted by U.P. Act No. 25 of 1998 (w.e.f. 20.4.1998).][33D. Special provision for Certificate of Teaching grade teachers. - Every teacher in the Certificate of Teaching grade, who is a trained graduate and -(a)has completed ten years' continuous satisfactory service in the said grade on or before January 1,1986 shall, with effect from January 1, 1986; or(b)completes the said service of ten years after January 1,1986 shall, with effect from the date of completion of the said service of ten years;be deemed to have been appointed in the Trained Graduate grade.] [Inserted by U.P. Act No. 25 of 1998 (w.e.f. 20.4.1998).][33E. Rescission of Orders. - The Uttar Pradesh Secondary Education Services Commission (Removal of Difficulties) Order, 1981, the Uttar Pradesh Secondary Education Services Commission (Removal of Difficulties) (Second) Order, 1981, the Uttar Pradesh Secondary Education Services Commission (Removal of Difficulties) (Third) Order, 1982 and the Uttar Pradesh Secondary Education Services Commission (Removal of Difficulties) (Fourth) Order, 1982 are hereby rescinded.] [Inserted by U.P Act No. 13 of 1999 (w.e.f. 25.1.1999).][33F. Regularisation of appointments against short term vacancies. - (1) Any teacher who, -(a)was appointed by promotion or by direct recruitment in the lecturer's grade or trained graduate's grade on or after May 14,1991 but not later than August 6,1993 against a short term vacancy in accordance with paragraph 2 of the Uttar Pradesh Secondary Education Services Commission (Removal of Difficulties) (Second) Order, 1981, as amended from time to time, and such vacancy was subsequently converted into a substantive vacancy.(b)possesses the qualification prescribed under, or is exempted from such qualifications in accordance with, the provisions of the Intermediate Education Act, 1921.(c)has been continuously serving the Institution from the date of such appointment up to the date of the commencement of the Uttar Pradesh Secondary Education Services Selection Board (Amendment) Act, 2001.(d)has been found suitable for appointment in a substantive capacity by the Selection Committee referred to in clause (a) of sub-section (2) of Section 33-C in accordance with the procedure prescribed under clause (b) of the said sub-section;shall be given substantive appointment by the Management.(2)(a)The names of the teachers shall be recommended for substantive appointment in order of seniority as determined from the date of their appointment.(b)If two or more such teachers are appointed on the same date, the teacher who is elder in age shall be recommended first.(3)Every teacher appointed in a substantive capacity under sub-section (1) shall be deemed to be on probation from the date of such substantive appointment.(4)A teacher who Ls not found suitable under sub-section (1) and a teacher who is not eligible to get a substantive appointment under that sub-section shall cease to hold the appointment on such date as the State Government may by order specify.(5)Nothing in this section shall be construed to entitle any teacher to substantive appointment, if on the date of commencement of the Ordinance referred to in clause (c) of sub-section (1) such vacancy had already been filled or selection for such vacancy has already been made in accordance with this Act.] [Inserted by U.P Act No. 5 of 2001 (w.e.f. 30.12.2000).][34. Power to make regulations. -] [Inserted by U.P. Act No. 15 of 1995 (w.e.f. 28.12.1994).] (1) The [Board] [Substituted by U.P. Act No. 25 of 1998 (w.e.f. 20.4.1998).] may, with die previous approval of the State Government, make or amend regulations prescribing fees for holding selections, for holding interview's and laying down the procedure to be followed by the [Board] [Substituted by U.P Act No. 25 of 1998 (w.e.f. 20.4.1998).] for discharging its duties and performing its functions under this Act :Provided that the first Regulation under this sub-section shall be made by the State Government by notification in the official Gazette.(2)The Regulations made under sub-section (1) shall not be inconsistent with the provisions of this Act or the rules made under Section 35.
