Institution, Management Committee, Education, Library, Employee,

[U. P. ACT NO. 1 OF 19811
(As passer1 by the Uttar Pradesh Legislature)
fzlrlher to amend the Intermediate Education ;PC#, 1921
IT IS HEREBY enacted in the Thirty-first Year of the Republic of India .
as follows :-

  1. This Act may be called the Intermediate Education (Amendment) Short
  2. 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.
  3. 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 :-
  4. 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.
  5. 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.
  6. 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
    (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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