LEGAL FOUNDATIONS : EDUCATIONAL LEGISLATION
List of Acts and Codes The following acts and codes concerning the area of operation of education department of Uttar Pradesh as well as bodies and institutions under the department form the legal basis of education in the state : -
(i) The Uttar Pradesh Basic Education Act, 1972
(ii) The Primary Education Act, 1919
(iii) The Intermediate Education Act, 1921
(iv) The Uttar Pradesh High School and Inter- mediate Colleges (Payment of Salaries of Teachers and other Employees) Act, 1971 (as amended from time to time).
(v) District Board and Municipal Board Manuals
(vi) The Uttar Pradesh Universities Act, 1973
The Uttar Pradesh Basic Education Act, 1972 This enactment has been passed by the state legislature to provide for the establishment of a Basic Shiksha Parishad and make connected arran- gements. It is applicable to the entire state. The term 'basic education', for purposes of the act, is taken to mean education imparted in the schools upto class VIII.
The parishad envisaged in the act is a corporate body and has the right, within the provisions of the act, to acquire and hold property. It is to have the following members :
(i) Director of Education, who is the ex-officio chairman
(ii) Two of the presidents of zila parishads in the state
(iii) One of the nagar pramukhs of corporations in the state
(iv) One of the presidents of municipal boards in the state
(v) Finance Secretary (ex-officio)
(vi) Principal, State Institute of Education (ex- officio)
(vii) Two educationists to be nominated by the state government
(viii) Secretary, Board of High School and Intermediate Education, U.P.
(ix) President, Primary Teachers Association, U. P.
(x) One officer of the rank of deputy director to be nominated by the state government as member-scretary of the parishad.
The main function of the parishad is to promote basic education in the state and co-ordinate the arrangements in this regard. It is charged with the responsibility for : (i) organisation of teachers training for basic education including preparation of its syllabus and books, (ii) conduct of examina- tions and awarding of diplomas and certificates for junior high schools and basic schools, (iii) recogni- tion, regulation and supervision of educational institutions imparting basic education, (iv) pre- paration of schemes for promotion of basic educa- tion in any area of the state, and (v) receiving loans, grants and other assistance from the state government and other sources.
The parishad has the authority to appoint, with prior approval of the state government, as many officers, teachers, and other functionaries as are required for its functioning on proper lines. Their service conditions are to be governed by the rules
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laid down by the state government. The parishad is to have its own funds to which all amounts recei- ved by it are to be credited. It is also empowered to incur any expenditure it considers necessary for the acheivement of its objectives. It is to maintain the accounts in the form prescribed by the state government, prepare the annual budget and get the accounts audited by an official designated by the state government. The accounts and audit report are to be sent to the state government every year.
According to the act, there is to be a basic edu- cation committee in each district of the state con- sisting of the following :-
(i) District basic education officer (chairman).
(ii) Three members of zilla parishad nominated by the government.
(iii) There persons from among members of the city corporations, municipal boards, notified area committees and town area committees, nominated by the state government.
(iv) One person from principals of boys' inter- mediate colleges, girls' intermediate colleges headmasters of government normal schools for boys and headmistresses of government normal schools for girls to be appointed by the director of education.
(v) Not more than three educationists nomina- ted by the state government.
(vi) Deputy inspector of schools of the district, who is to be member-secretary of the com- mittee.
These members are to hold office for the dura- tion decided by the state government. The com- mittee is to be consulted by the parishad from time to time as directed by the state government. Similar committees are alse required to be organi- sed at the village level. These are to be headed by the chairman of the gram-panchayat and are to include representatives of the parents of students and the teachers. This committee is to look after the promotion and up-keep of basic schools in the village.
According to this act, the director of education is empowered to issue directions for the effective control of basic schools through their inspections and visits, both normal and special. He is also competent to cancel the recognition of a particular school, if found unsatisfactory. The state government is empowered to make rules for implementation of provisions of the act, particularly in regard to the recruitment and service conditions of teachers of basic schools. The courts are not empowered to admit any case arising out of the rules and the exercise of powers conferred through the act.
The Primary Education Act, 1919 The provincial government in 1919 promulga- ted a law known as the Municipal Boards Com- pulsory Education Act, 1919 which introduced the provision of compulsion of attendance upto class V in the age group 6-11 in the municipalities notified for the purpose. Similarly, for rural areas the District Boards Compulsory Education Act, 1926 was promulgated. To start with, the act was en- forced in all the municipalities and some rural areas in the state. But with the advent of the con- cept of universalisation of education, the Govern- ment of Uttar Pradesh like many other states in the country continues to adopt persuasive methods for bringing more and more boys and girls of school going age to primary schools.
The Intermediate Education Act, 1921 This act, which has been amended several times since its enactment in 1921, was passed by the state legislature in order to establish a board to take the place of the Allahabad University in regulating and supervising the system of high school and interme- diate education in the state and to prescribe courses therefor. The act was last amended in 1975 according to which the re-constituted board is as under:-
(1) Director of Education (ex-officio chair- man)
(2) Two heads of government institutions (no- minated by the state government).
(3) Two teachers of government institutions (nominated by the state government).
(4) Eleven heads of non-government institu- tions, elected from areas and in such man- ners as may be prescribed.
(5) Eleven teachers of non-government institu- tions, elected from such areas and in such manner as may be prescribed.
11 (6) Five teachers of universities (other than agricultural or engineering university), no- minated by the state government.
(7) One teacher imparting agricultural educa- tion serving in a university or college, nominated by the state government.
(8) One teacher imparting education in engi- neering and serving in a university or colle- ge, nominated by the state government.
(9) One professor of medical college, nomina- ted by the state government.
(10) Five members elected by the members of the State Legislative Assembly from among themselves.
(11) Three members elected by the members of State Legislative Council from among them- selves.
(12) Five persons connected with education, nominated by the state government.
(13) Three women connected with women's education, nominated by the state govern- ment.
(14) Director of Technical Education, Uttar Pradesh (ex-officio member)
(15) Three representatives of industries, nomina- ted by the state government.
(16) Principal, Government Women's Training College, Allahabad.
(17) Director, State Institute of Science Educa- tion, Allahabad.
(18) Principal, Government Central Pedagogical Research Institute, Allahabad (ex-officio member).
(19) Principal, Government Constructive Train- ing College, Lucknow (ex-officio mem- ber).
(20) Director, Bureau of Psychology, Allahabad (ex-officio member).
(21) The Commissioner, Kendriya Vidyalaya Sanghthan, New Delhi (ex-officio member).
(22) One district inspector of schools, nominated by the state government.
(23) One regional inspector of girls, schools, nominated by the state government.
(24) One representative of the National Council of Educational Research and Training New Delhi, nominated by it.
(25) Secretary of the board (ex-officio)
The state government is also empowered to nominate not more than 5 persons to be the mem- bers of the board in order to secure representa- tion of the minorities and the scheduled castes and scheduled tribes, not otherwise adequately repre- sented at the board.
The secretary of the board is to be appointed by the state government on such conditions and for such periods as that government may consider fit. He can be removed from office by the votes of not less than three-fourths of the members present at a special meeting of the board, at which not less than one-half of the total number of members are present.
The board is empowered to prescribe course of instruction for intermediate and high school classes, to conduct examinations at the end of the high school and intermediate stages, to recognise insti- tutions for purpose of its examinations, to admit candidates to its examinations and to publish the results of its examinations and to grant diplomas or certificates.
The act provides that the board should appoint committees of courses, an examination committee, a committee for recognition, a finance committee and such other committees, if any, as may be prescri- bed by the regulations. Such committees are to con- sist of the members of the board and of such other fit. Each persons, if any, as the board in each case may deem committee can co-opt persons to serve thereon upto a limit of one-third of the total number of members of the committee. The board is also authorised to make regulations for the purpose of carrying into effect the provisions of the act.
The state government has the right to addres the board with reference to any of the work con- ducted or done by the board and to communi- cate the board its views on any matter with which the board is concerned. The board is required to report to the state government such action, if any, as it is proposed to take or has been taken
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upon the state government's communications. If the board does not, within a reasonable time, take action to the satisfaction of the state government, that government may issue such directions to the board as it may deem fit and the board is required to comply with such directions.
The act has also the provision to regulate services of teachers of non-government higher secondary schools, including their selection, appoi- ntment, promotion, punishment and appeals.
The Uttar Pradesh High School and Inter-
mediate Colleges (Payment of Salaries of
Teachers and Other-Employees) Act, 1971 This act has been passed to regulate payment of salaries to teachers and other employees of high schools and intermediate colleges receiving aid out of state funds and to provide for connected matters. It extends to the whole of Uttar Pradesh.
The act envisages that the salary of a teacher or any other employee of an institution in respect of any period shall be paid to him before the expiry of the 20th of the month following that for which the salary is due without deductions of any kind except those authorised by the regulations or by any rules made under this act. It is also pro- vided that the inspector may at any time inspect or get inspected any institution or call for such information and records from its management with regard to the payment of salaries of its teachers or employees. He is also empowered to give direc- tions in this regard.
The management of every institution is requir- ed to open, for purpose of disbursement of the salaries to its teachers and employees, a separate account in a scheduled bank, to be operated jointly by a representative of the management and by the district inspector or such other officer as may be authorised by the inspector. In case of difficulty due to any default by the management, the district inspector may operate the account only by himself or through an officer authorised by him. The management is required to deposit in this account by a specified date at least 80% of the amounts received from the students as fees. The entire amount of the maintenance grant and 80% of the grant for reimbursement of freeships and other concessions is also to be paid by the state govern- ment into this account. No amount credited to this account can be used for any purpose except payment of the salaries and contributions, if any, to the provident fund accounts of the teachers and other employees. The salary of a teacher or an employee is to be paid by transfer of amount from the said account to his account, if any, in the same bank or if he has no account in that bank then by cheque, or in the post office savings bank.
If in any case the inspector of schools is satisfied that the management has failed to comply with any direction given under the act, he may recom- mend to the regional deputy director of education that action should be taken against the institution. The regional deputy director has the powers to supersede the management for a period not exce- eding one year and authorise any person to take over the management of the institution for that period. The supersession can also be extended upto 5 years or revoked at any time.
The state government is, under the act, liable for payment of salaries to teachers and employees of every high school and intermediate college. It may recover any amount in respect of which any liability is incurred by it through attachment of the income from property of the institution. It has been provided that it is the liability of the institution to pay such dues to the teacher or the employee.
In case of default every manager, or any other person vested with the authority of the manager, is punishable with fine which may extend to Rs. 1,000/- or imprisonment which may extend to six months, or both. No court is to take cogniza- nce of any offence punishable under this act except with the previous sanction of the regional deputy director of education. Moreover, no court below the rank of a first class magistrate can take cogni- zance of an offence under this act and no police officer below the rank of deputy superintendent of' police can investigate any such offence.
No order made or direction given by the state government, the director, the rigional deputy director of education, or the inspector of schools or other officers in exercise of any power conferred by or under this act can be called in question in any
13 court. However, nothing in the act is to apply to educational institutions maintained by a local authority, railway administration or any other industrial undertaking controlled by the Govern- ment of India or the state government.
The Uttar Pradesh State Universities Act,
1973 This act passed by the state legislature in 1973 was amended in 1974. It is intended to amend and consolidate the law relating to universities of the state. In its application to the Sampurna- nand Sanskrit Vishwavidyalaya and Kashi Vidya- peeth, the state government is empowered to make such exceptions or modifications as the circums- tances require without affecting the substance of the act.
According to the act, the chancellor, the vice- chancellor, the members of the executive council, the court and the academic council of a university constitute a body corporate by the name of that university. The act provides for the establishment of new universities like the University of Kumaun at Nainital, the University of Garhwal at Srina- gar, the University of Bundelkhand at Jhansi, the University of Avadh at Faizabad and the University of Rohilkhand at Bareilly. According to it, Kashi Vidyapeeth at Varanasi is deemed to be a univer- sity. The act also provides that the state govern- ment has the right to increase, diminish or alter the area or name of a university. The universities are open to all persons irrespective of class or creed but they can make special provisions for admission of students belonging to scheduled castes and tribes.
Under the act, the state government has the right to get the universities or any of its consti- tuent colleges inspected. The person appointed to do the inspection will have all the powers of a civil court. The state government can address the vice-chancellor with reference to the result of such inspection or enquiry and the vice-chancellor will communicate to the executive council the views of the state government. The vice-chancellor will also submit to the government report of the action taken or proposed to be taken by the executive council.
The vice-chancellor of a university is to be a whole-time salaried officer of the university and he will be appointed by the chancellor from among the persons whose names are submitted to him by a committee constituted for the purpose. The vice-chanceller is to hold the office for a term of three, years from the date he assumes charge of the office. He will not be entitled to any pensionary, insurance or provident fund facilities. In cases of the universities of Lucknow, Allahabad and Gorakh- pur, there will also be a pro-vice-chancellor. It has been provided under the act that the vice- chancellor, if he considers necessary, can appoint a pro-vice-chancellor from among the professors of the university to assist him in the discharge of his duties. The finance officer and the registrar of a university are whole-time permanent employees. The state government can also create a separate service of registrars, deputy registrars and assistant registrars common to all the universities and regu- late their service conditions.