Ins. by sec. 2 of U. P. Act 3 of 2018. — U. P. ACT NO . 6 of 1979 ]

1 . Ins. by sec. 2 of U. P. Act 3 of 2018. prejudice to any other provisions of this Act, pay or cause to be paid within ten days from the date mentioned in that sub-section such salary from the moneys credited to the account mentioned in sub-section (1) of section 5 at the rate of salary last drawn by such teacher or employee, as the case may be, and in case of fresh appointment at the rate of minimum of the pay scale in which he has been appointed, and any adjustment in respect of such payment shall, thereafter, be made as Power to inspect Procedure for payment of salary in the case of certain Institution soon as possible. 4. (1) The Education Officer, may, at any time, for the purpose of this Act, inspect or cause to be inspected any institution or call for such information and records including registers, books of accounts and vouchers) from its management with regard to the payment of salaries to its teachers or employees or give its management any direction for the observance of such canons of financial propriety (including any direction for retrenchment of any teacher or employee for prohibition of any wasteful expenditure) as he thinks fit. (2) Where a direction under sub-section (1), is given for retrenchment of any teacher or employee, it shall be complied with, as far as possible in accordance with the provisions of the Uttar Pradesh Basic Education Act, 1972 and the rules made thereunder, or as the case may be, the conditions of service of such teacher or employee. 5. (1) The Management of every institution shall for the purposes of disbursement of salaries to its teachers and employees open in a Scheduled Bank or a Co -operative Bank a separate account to be operated jointly by a representative of the management and by the Education Officer or such other officer as may be authorized by the Education Officer in that behalf : Provided that after the account is opened, the Education Officer may, if he is, subject to any rule made under this Act, satisfied that it is expedient in public interest so to do, instruct the Bank that the account shall be operated by the representative of the management alone, and may at any time revoke such instruction : Provided further that in the case referred to in the proviso to sub -section (2), or where a difficulty arises in the disbursement of salaries due to any default of the management, the Education Officer may instruct the Bank that the account shall be operated only by himself or by such other officer as may be authorized by him in that behalf and may at any time revoke such instruction. (2) The management shall deposit in the said account by such date as may be specified by general or special orders by the Education Officer, eighty-five per cent, or where the State Government or an officer authorized by the State Government having regard to the money required to be disbursed, directs a higher percentage, then such higher percentage as it or he may direct, of the amount received from the students as fees which in accordance with the general or special orders of the State Government in that behalf and for so long as such orders are not made in accordance with the directions of the Inspector, form part of the maintenance fund : Provided that where the said percentage of fees is not deposited as aforesaid, the Education Officer may, by order, prohibit the management from making any realization of fees from the students and thereupon, the Education Officer may recover the fees (either through the teachers of the institution or in such other manner as he thinks fit) , directly from the students and shall deposit the fees so recovered in the said account. (3) The entire amount of the maintenance grant and the amount of eighty-five per cent, or such higher percentage, as the State Government or an officer authorized by the State Government may, by general or special order in that behalf determine the grants for reimbursement of free ship and other similar concessions shall also be paid by the State Government into the said account. (4) No moneys credited to the said account shall be applied to any purpose except the following, namely — (a) payment of the salaries falling due for any period after the appointed day ; (b) credit of institutions' contribution, if any, to the provident fund accounts of the teachers and employees, and such portion of the balance in the account at the end of the month of July each year as exceeds the aggregate of one month's salary of the teachers and employees of the institution after meeting the liability for payment of their salaries for the period for which fees have been realized from the students shall be made over to the management for expenditure on the institution ; (c) such other expenditure for the purposes of the institution as may be directed by the State Government or by an officer authorized by the State Government in that behalf. (5) The salary of a teacher or employee shall be paid by transfer of the 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 cheques. (6) In respect of a place where there is no Scheduled Bank or a Co -operative bank, the provision of this section shall apply with such modification as the State Government may by notification specify and the references in this section to Bank shall in that case be construed as references to a Post Office Savings Bank. (7) The management shall submit to the Director a return in respect of each financial year by the 30th June next following in the proforma as may be specified by general or special order by the Director. Enforcement of provisions and directions 6. (1) Where on the basis of an inspection of an institution or its records or otherwise, the Education Officer is satisfied that the management has committed default in complying with any direction given under section 4 or with the provisions of section 2 or section 5, he may through the Inspector, recommend to the Regional Deputy Director, Education, that action be taken against the institution under subsection (2). (2) On receipt of a recommendation under sub-section (1), the Regional Deputy Director, Education, may call upon the management to comply with the said direction or provision or to show cause within a week why the management should not be superseded. (3) Where the management fails to comply as aforesaid or to show cause, or the Regional Deputy Director, Education, considers the cause shown to be insufficient he may by order supersede the management, for such period not exceeding one year as may be specified in the order, and authorize any person (hereinafter referred to as the Authorized Controller), to take over the management of the institution for the said period : Provided that the Regional Deputy Director, Education, may where he considers it necessary or expedient so to do — (i) extend the said period from time to time, so however, that the period so extended does not exceed five years in the aggregate ; or (ii) revoke the order at any time : Provided further that nothing in clause (ii) of the preceding proviso shall bar the passing of a fresh order under this section. (4) On an order being made under sub-section (3), the Authorized Controller shall, to the exclusion of the management and subject only to the directions, if any, of the Regional Deputy Director, Education, the Director or the State Government, exercise all the powers and perform all the functions of the management, including management of the property belonging to or vested in the institution and in particular operate singly the Bank account referred to in section 5 : Provided that nothing in this section shall be considered to confer on the Authorized Controller the power to transfer any such property (except by way of letting from month to month in the ordinary course of management) or to create any charge thereon (except as a condition of receipt of any grant in aid of the institution from the State Government). (5) Any order made or direction given under this section shall have effect notwithstanding anything inconsistent therewith contained in any other enactment or instrument relating to the management and control of the institution or relating to the property belonging to or vested in the institution.

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