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[Cites 0, Cited by 5] [Section 31] [Entire Act]

State of Uttar Pradesh - Subsection

Section 31(3) in Uttar Pradesh State Universities Act, 1973

(3)
(a)In the case of teacher of the University other than a Professor, the Vice-Chancellor in consultation with the Dean of the Faculty and the Head of the Department concerned and an expert nominated by the Chancellor in that behalf and in the case of a teacher of an affiliated or associated college, the Management in consultation with an expert nominated by the Vice-Chancellor in that behalf may make officiating appointment in a vacancy caused by the grant of leave to an incumbent for a period not exceeding ten months without reference to the Selection Committee, but shall not fill any other vacancy or post likely to last for more than six months without such reference.
(b)[ Where before or after the commencement of this Act, any teacher is appointed (after reference to a Selection Committee) to a temporary post likely to last for more than six months, and such post is subsequently converted into a permanent post or to a permanent post in a vacancy caused by the grant of leave to an incumbent for a period exceeding ten months and such post subsequently becomes permanently vacant or any post of same cadre and grade is newly created or falls vacant in the same department, then unless the Executive Council or the management, as the case may be, decides to terminate his services after giving an opportunity to show cause, it may appoint such teacher in a substantive capacity to that post without reference to a Selection Committee : [Substituted by Uttar Pradesh Act No. 5 of 1977.]
Provided that this clause shall not apply unless the teacher concerned holds the prescribed qualifications for the post at the time of such substantive appointment, and he has served continuously, for a period of not less than one year after his appointment made after reference to a Selection Committee :Provided further that appointment is a substantive capacity under this clause of a teacher who had served, before such appointment, continuously for a period of less than two years, shall be on probation for one year which may be extended for a period not exceeding one year, and the provisions of sub-section (2) shall apply accordingly.] [Substituted by Uttar Pradesh Act No. 10 of 1982 (w.e.f. 8.7.1981).]
(c)[ Any teacher of the University who was appointed as Lecturer/part time Lecturer on or before December 31, 1997 without reference to the Selection Committee by way of a short term or part time arrangement in accordance with the provisions for the time being in force for such appointment, may be given substantive appointment by the Executive Council, if any substantive vacancy of the same cadre and grade in the same department is available if such teacher - [Substituted by Uttar Pradesh Act No. 23 of 2004 (w.e.f. 20.5.2004).]
(i)is serving as such on December 31, 1997 continuously since such initial appointment by way of short term/part time arrangement;
(ii)[ possesses the qualifications required for regular appointment to the post under the provisions of the relevant Statutes in force on the date of substantive appointment;]
(iii)has been found suitable for regular appointment by the Executive Council.
A teacher appointed by way of short term/part time arrangement as aforesaid who does not get substantive appointment under this clause shall cease to hold such post on such date as the Executive Council may specify.] [Inserted by Section 5 of Uttar Pradesh Act No. 20 of 1994 (w.e.f. 15.7.1994).]