Keyword(s):
Institution, Management Committee, Education, Library, Employee,
Intermediate
TFIE INTERMEDIATE EDUCATION (AMENDMENT) ACT, 1980
[U. P. ACT NO. 1 OF 19811
(As passer1 by the Uttar Pradesh Legislature)
AN
‘ACT
fzlrlher to amend the Intermediate Education ;PC#, 1921
IT IS HEREBY enacted in the Thirty-first Year of the Republic of India .
as follows :-
- This Act may be called the Intermediate Education (Amendment) Short
- In section 2 of the Intermediate Education Act, 1921, hereinafter Amendment of
referred to as the principal Act, in clause (aaa),the words “and except for pur- section 2 of U.P.
poses of section 3, includes an Additional Director of Education” shall be Act ‘Iof 1921.
inserted at the end. - In section 16-A of the principal Act, after sub-section (6), the fol~ow- Amendment of
ing sub-section shall be inserted, namely :-
section I (FA.
“(7) Whenever there is dispute with respect to the Management of an
institution, permns found by the Regional Deputy Director of Edud-
tion, upon such enquiry as is deemed fit to be in actual control of it#
affairs may, for purposes of this Act, be recognised to constitute at
Committee of Management of such institution until a court of mpe
tent jurisdiction directs otherwise :
Provided that the Reg-ional Deputy Director of Education shall, before
making an order under this sub-section, afford -reasonable opportunity
to the rival claimants to make representations in writing.
Exblanation-Tn determinine the question as to ~vhois in actual
control of the affairs of the institntion, the Reaional Deputv Director of
Education shall have recrard to the contrd over the funds of the Inptit11-
tion and over the administration, the receipt of income from its proper-
ties, the Scheme of Administration approved under sub-section (5) and
other relevant circumstances.”
substituted, namely :- - In section 16-B of the princinal Act. in suh-w-tion (3) . for tKe words Amendment of
“clause (a) or (b\ of sub-section (3) of section 16-D” the words “sub-section
(3) of section 16-D” shall be substituted. - In section 16-C of the principal Act. in si~b-section(IT. for the wdd Amendment of
“Subiect to the rerrulations rrovernin~the princioles for according au~rovalto section16-C.
the Scheme of Administration”, the words “Subject to the provisions of this
Act” shall be substituted. - For section 16-D of the principal Act, the followinr sections shall tie l;;Fi~n~fsee=
AGCCC 16CC, and
whether recoenised before or after the mmencement o€ the Tnter- ti GB.
mediate Education (Amendment) Act, 1900, shall not be inconsistent
with the principles laid down in the Third Schedule.
I8CCC. (1) Where in relation to any institution, the Scheme of
Administration has heen or deemed to have been approved under section
16-A. or section 16-R or sertion 16-C, at anv time hefore the commence-
ment of the Tntermediaee Education (Amendment) Act. 1980, and such
Scheme of Administration is inconsistent wit11 the pro~<.lisionsof this Act,
the Director shall send. within 2 nerind of six months from srlrh corn.
mencement, a notice to such institittion silppestine anv alteration ar
modification therein and requiring. the institution to auhmit a £re&
“16-CC. The Scheme of Administration in relation to anv institution. +f$::$s::t8
qWtJIlal99;E1 1 1 %VTfrtr 1981
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- —- — — –
(2) Wllile making any suggestion in the Scheme of. Administration
under su13-section (I), the Director shall give his XTasons therefor and
shall also afforclan opportunity to the institution to make a represen-
tation within sucll period as lrlay bc specified in the notice.
(3) The Director shall consider any representation made in aCcQy-
dance with sub-section (2) and may approve ale Scheme of Adminis@a-
tion in its original form or subject to any alteration or modification
nuggested tinder suh.section (I) or with any other changes as appear
to him to be just and proper :
Provided that where the Director proposes to make ally new alteration
or modification in the Scheme of Administration, he shall give an oppor-
tunity to the institution to niake a representation within sucll perid as
may be specified by him.
16-D. (1) 7″11e Director may came a recognised institution to be ins-
pected from time to time.
(2) The Director may direct a xnanagenleilt to remove any defect or
deficiency found on inspection or othmwise.
(8) In on the receipt of information or otherwise. t11c Director is
~atisfiedthat-
(i) tlre Cammittee of Management oE an institutiotl has failed
to comply with the judgment of any court or any direction made
under this Act or any other la~vfor the time being in force :or
(ii) the Committee has failed to appoint teaching staff possessing
such qualifications as are necessary for the purpose of ensuring the
maintenance of academic standard in file institution or has appointed
or retained in service any teachinp or non-teachinp staff in contra-
vention of the r~rovisionsof this Act or the RegvlatIons ;or
(iii) any dispute with respect to the riqht claimed hv different
persons to be lawful office-hearers of the Committee of Manament
has affected the smooth and orderly administration of the institution
concerned ;or
(iv) the Committee has persistentlv failed to provide the institu-
tion with such adequate and proper accommodation. lihrarv. fnrni-
ture, stationerv. laboratorv equipment or other facilities as are nee*
sary for the efficient administration of s11ch institution :or
(v)’ the Committee has subqtantiallv diverted. misannlied or mie
appronriated the prowrtv of the institution to its detriment or ha8 m5
transferred any property in contravention of the provisions of the 1975
Uttar Pradesh Fducational Institutions (Prevention of Dissipation
of Assets) Act, 1974: or
(vi) the draft of the Scheme of Administration has not been
submitted within the time allowed therefor under section 16-B, or
that the Mana~ementof the institution i~ beina conducted otherwise
than in accordance with the Sc11eme of Arlministration or the affairs
of the in~titutionsrc beinq otherwise mis-managed :
(vii) the Scheme of Administration in relation to an institution,
approved before the commencement of the Intermediate Education
‘(Amendment) ‘A’ct, 1980, is inconsistent with the provisions of this
Act and the management of the institution hag failed to alter or
modify it within a reasonable time despite notice under
section 16-CCC ;
he mav refer the case to the Board for withdrawal of recopition of such
institution. or issue notice to the Committee of Mana~ementto show
cause within thirtv days from the date of receitx of such notice why an
order under sub-section (4) should not he made.
(4) Where the Committee of Management of an institrltion fails to
show cause within the time allowed under sub-section (3) or within such
extended time as the Director mav from time to time allo~v,or where
the Director is, after considering the cause shown by the Comlnittee of
Management, carisfied that ancr OF the gro~indc mentic,npd in s~ll+.&’
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