Ins. by Section 4 of U.P. Act No. 35 of 1974 . — U. P. Act No. XVII of 1962 ]

1. Ins. by Section 4 of U.P. Act No. 35 of 1974 . Provided that on a representation by the affiliated institution prior to the expiry of the extended period, the Director may, in his discretion, allow a further extension for a period of three months. (3) If the scheme is not submitted within the time allowed, the Director shall take action in accordance with Clause (a) or Clause (b) of sub-section (3) of Section 22-D. 22-C. (1) (1) Subject to the regulations governing the principles for according approval to the Scheme of Administration, the Director shall, within such period of time as may be specified in the regulations, either approve the draft Scheme of Administration submitted under Section 22-B or suggest any alteration or modification therein. (2) Where the Director suggests any modification in the draft Scheme of Administration under sub-section (1), he shall send a copy of the same to the affiliated institution giving his reasons therefor and affording an opportunity to such institution to make a representation, with such period of time, as may be specified in the regulations; Provided that in case the Director does not suggest any alteration or modification in the draft Scheme within the period specified in the regulations, draft Scheme shall be deemed to have been approved. (3) The Director shall consider any representation made in accordance with the provisions of sub-section (2) and may approve the Scheme of Administration in its original form, or subject to the modification suggested under the said sub-section or with any other modification as may appear to him to be just and proper; Provided that where the Director proposes to make a new modification in the Scheme of Administration, he shall provide an opportunity to the affiliated institution to make a representation to him within such period of time as may be specified in the regulations. 22-D. (1) The Director may cause an affiliated institution to be inspected from time to time. (2) The Director may direct the Management of an affiliated institution to remove any defect or deficiency found on inspection or otherwise. (3) Where the Management fails to comply with any direction made under sub-section (2), the Director may, after considering the explanation or representation, if any, given or made by the Management- (a) refer the case to the Board for withdrawal of affiliation; or (b) recommend to the State Government to proceed against the affiliated institution under sub-section (4). (4) If no receipt of a recommendation referred to in Clause (b) of subsection (3), the State Government is satisfied that in the interest of the institution it is necessary that the Management of that institution be handed over to an Authorized Controller, the State Government may Approval of the draft Scheme of Administration Inspection of affiliated institution and removal of defects by an order, for such period as may be specified in the order, appoint an Authorized Controller and that Authorized Controller may take over the management of the institution including management of the land, buildings, funds and other assets belonging to or vested in the institution to the exclusion of the Committee of Management or any other person, and whenever the Authorized Controller so takes over the management, he shall, subject only to such restrictions as the State Government may impose, have in relation to the management of the institution all such powers and authority as the Committee of Management would have, if no order were made under this sub-section. (5) The period for which an order may be made under subsection (4) shall not exceed one year in the first instance; Provided that if the State Government is of opinion that it is expedient so to do in order to continue to secure the proper management of the institution, it may from time to time extend the operation of the order for such period, not exceeding one year at a time, as it may specify, so however, that the total period of the operation of the order, including the period specified in the initial order under subsection (4) does not exceed five years; Provided further that if at the expiration of the said period of five years, there is no lawfully constituted Committee of Management of the Institution, the Authorized Controller shall continue to keep the management in his hands until the State Government is satisfied that the Committee of Management has been lawfully constituted; Provided further that the State Government may at any time revoke an order made under sub-section (4) or under this sub-section. (6) No person who is appointed Authorized Controller under section (4), shall be personally liable for acts done by him in good faith in performance of the duties entrusted to him. (7) Any order made or directions given under sub-section (4) shall have effect, notwithstanding anything inconsistent therewith contained in any other enactment or instrument relating to the management and control of the institution (including any Scheme of Administration) or relating to the property belonging to or vested in the institution. (8) No order made by the Board withdrawing affiliation under Clause (a) of sub-section (3) and no order made under sub-section (4) shall be called in question in any court. (9) The powers conferred by this Section shall be in addition to and not in derogation of any powers conferred on the State Government or the Authorized Controller under any other law. 22-E. (1) Qualifications for appointment as Principal and of teachers shall be laid down by regulations; Provided that the Board may, after considering the report of the Director, exempt any person from the requirement of minimum qualifications having regard to his experience, education and other attainments. Appointment of teachers (2) There shall be constituted in every affiliated institution a selection committee with the head of such institution as an exofficio member thereof, for the purpose of selecting candidates for appointment as teacher in the affiliated institution. (3) For the selection of Principal of an affiliated institution, there shall likewise be constituted a selection committee of three members one of whom shall be a person not belonging to the district in which the affiliated institution is located, selected by the Committee of Management out of the regional panel referred to in sub-section (4). (4) The Director shall prepare for each region a panel of persons to act as nominated members in the Selection Committee referred to in sub-section (3). (5) The constitution of the selection committee referred to in subsections (2) and (3), the conduct of business at their meetings, the preparation of regional panels and other matters shall be regulated by regulations. 22-F. (1) Subject to the provisions hereinafter specified, no person shall be appointed as Principal or teacher in an affiliated institution unless he- (a) possesses the qualifications laid down in the regulations or has been exempted from such qualifications under subsection (1) of Section 22-E; (b) has been recommended by the selection committee constituted under sub-section (2) or sub-section (3), as the case may be, of the said Section and approved by the Director; Provided that where the Director is satisfied that for any affiliated institution, no candidate possessing all the qualifications laid down in the regulations is available for appointment, he may permit the affiliated institution to employ as a temporary measure any suitable person for a period not exceeding one year; Provided further that such period of one year may be extended with prior approval of the Director; Provided also that in the case of leave vacancy or of a vacancy occurring for a part of the session of the affiliated institution, it shall be lawful for the Committee of Management to appoint a principal or teacher, and in that case information of such an appointment shall be given forthwith to the Director. (2) The name of the selected candidate shall be forwarded for approval to the Director alongwith the list showing the names, qualifications and such other particulars, as may be laid down by regulations, of all candidates who may have applied for selection. (3) The Director shall give his decision within two weeks of the receipt of the relevant papers mentioned in sub-section (2), failing which approval shall be deemed to have been accorded. Procedure of selection of Principal and teacher Dismissal or removal etc. of teachers Power to make regulations (4) Where the Director disapproves, for reasons to be recorded in writing, of any name proposed under sub-section (1), the Management may, within three weeks of the receipt of the disapproval, make a representation against it to the State Government whose decision in the matter shall be final. (5) Where a recommendation made under sub-section (2) has been disapproved and the representation of the Management, if any, under sub-section (4) has been rejected, the selection committee shall proceed to select and recommend another name for approval as provided by Section 22-E and this Section. (6) Where the selection made under sub-section (5) is again disapproved and the representation, if any, against the disapproval has not been accepted, the Director may appoint any qualified person out of the list of the candidates applying for the vacancy and such appointment shall be final. 22-G. (1) No Principal or teacher may be discharged or removed or dismissed from service or reduced in rank or subjected to any diminution in emoluments, or served with notice of termination of service except with the prior approval in writing of the Director, whose decision shall be communicated within such period as may be provided by regulations. (2) The Director may approve or disapprove or reduce or enhance the punishment or approve or disapprove of the notice for termination of service proposed by the Management : Provided that in the case of a punishment, before passing orders, the Director shall give an opportunity to the principal or teacher to show cause within a fortnight of the receipt of the notice why the proposed punishment should not be approved. (3) Nothing in this Section shall apply to an order of suspension during the pendency or in contemplation of an inquiry.]1 23. (1) The Board may, for carrying out the purposes of this Act, make regulations consistent with the provisions of this Act and the rules framed thereunder and submit the same for approval of the State Government. The State Government may approve, modify or vary the regulations. The regulations, as approved by the State Government, shall be published in the Gazette and shall take effect from the date of publication, but where a date has been specified, from that date. (2) Without prejudice to the generality of the foregoing powers, the regulations may provide for(a) the appointment, constitution, powers and duties of the committees and sub-committees constituted under this Act; (b) the manner and conditions of conferment of certificates and diplomas; (c) the conditions for affiliation of institutions;

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