The U.P Junior High Schools (Payment of Salaries of Teachers and other Employees) Act, 1978

English — official source version

6of1979_english.pdf.txt

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THE UTTAR PRADESH JUNIOR HIGH SCHOOLS (PAYMENT OF 

SALARIES OF TEACHERS AND OTHER EMPLOYEES) 

ACT, 19781 

[ U. P. ACT NO. 6 of 1979 ] 

Amended by 

U. P. Act No. 34 of 2000 

U. P. Act No. 03 of 2018 

[Passed in Hindi by the Uttar Pradesh Legislative Assembly 

on August 30, 1978 and by the Uttar Pradesh Legislative Council 

on November 8, 1978. 

Received the assent of the President on January 12, 1979 

under Article 201 of the Constitution of India and was published in 

the Uttar Pradesh Gazette Extraordinary, dated January 22, 

1979.] 

AN 

ACT 

to regulate the payment of salaries to teachers and other 

employees of Junior High Schools receiving aid out of the State 

funds and to provide for matters connected therewith.  

It is hereby enacted in the Twenty-ninth Year of the 

Republic of India as follows :—   

Short title, 
extend  and 
commencement 

1. (1) This Act may be called the Uttar Pradesh Junior High

Schools (Payment of Salaries of Teachers and other Employees) Act, 

1978. 

(2) It extends to the whole of the Uttar Pradesh. 

(3) It shall come into force on such date as the State 

Government may by notification2 appoint in this behalf.  

Definitions 2. In this Act, —

(a) “appointed day” means the date notified under sub-section 

(3) of section 1 ;  

(b) “Education Officer” means the District Basic Education 

Officer appointed under the Uttar Pradesh Basic Education Act, 1972 

and in relation to a girls’ institution, the District Basic Education 

Officer (Women), and in each case includes any other officer authorized 

by the State Government to perform all or any of the functions of the 

Education Officer under this Act ;   

(c) “employee of an institution” means a non-teaching employee 

in respect of whose employment maintenance grant is paid by the State 

Government to the institution ; 

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1. For Statement of Objects and Reasons see Uttar Pradesh Gazette Extraordinary, dated 16 May, 1978.

2. The Act has been enforced w.e.f. May 1, 1979 Vide notification No. 1645/XV-6-79-28 (107)-77, dated

May 1, 1979.



[The Uttar Pradesh Junior High Schools (Payment of Salaries of Teachers and Other Employees) Act, 1978] 

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(d) “Inspector” means the District Inspector of Schools and in 

relation to a girls’ institution the District Inspectress of Girls’ Schools, 

and in each case includes any other officer authorized by the State 

Government to perform all or any of the functions of the Inspector under 

this Act ;   

(e) “institution” means a recognized Junior High School for the 

time being receiving maintenance grant from the State Government ;  

1 [(ee) “Junior High School” means an institution which is 

different from High School or Intermediate College in which education is 

imparted to boys or girls or to both from class sixth to class eight. ] 

(f) “maintenance grant” means such grant-in-aid of an institution 

as the State Government, by general or special order in that behalf, 

directs to be treated as maintenance grant appropriate to the level of the 

institution ; 

(g) “management in relation to any institution”, means the 

Managing Committee or other body charged with managing the affairs of 

that institution and includes the Manager or other person vested with 

the authority to manage and conduct the affairs of the institution; 

(h) “teacher of an institution” means a headmaster or other 

teacher in respect of whose employment maintenance grant is paid by 

the State Government to the institution ;  

(i) “salary of a teacher or employee” means the aggregate of the 

emoluments, including dearness or any other allowance, for the time 

being payable to him at the rate approved for the purpose of payment of 

maintenance grant ;  

(j) other words and expressions defined in the Uttar Pradesh 

Basic Education Act, 1972 and not herein defined shall have the 

meaning assigned to them in that Act.  

Payment of 
salary within 
time and 
without un-

authorized 
deductions 

3. (1) Notwithstanding any contract to the contrary, the salary of

a teacher or other employee of an institution in respect of any period 

after the appointed day, shall be paid to him before the expiry of the 

twentieth day, or such earlier day as the State Government may, by 

general or special order in that behalf appoint, of the month next 

following the month in respect of which or any part of which, it is 

payable.  

(2) The salary shall, subject to the provisions of sub-section (3), 

be paid without deductions of any kind except those authorized by the 

rules made under this Act or by any other law for the time being in 

force.  

(3) Where the salary of a teacher or other employee of an 

institution is not paid in accordance with sub-section (1) due to any 

default  on  the  part  of  the  management,  the  Inspector  may, without 

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1. Ins.  by sec. 2  of U. P. Act  3 of 2018.



[The Uttar Pradesh Junior High Schools (Payment of Salaries of Teachers and Other Employees) Act, 1978]

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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 

soon as possible. 

Power to 
inspect 

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.  

Procedure for 
payment of 
salary in the 
case of 

certain 
Institution 

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  



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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 



[The Uttar Pradesh Junior High Schools (Payment of Salaries of Teachers and Other Employees) Act, 1978]

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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 sub-

section (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.  

Appeal 7. An appeal against the order of the Regional Deputy Director,

Education, superseding the management under sub-section (3) of 

section  6  may  be  preferred  to the Director within one month from the  



[The Uttar Pradesh Junior High Schools (Payment of Salaries of Teachers and Other Employees) Act, 1978]

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date on which the order is communicated to the management, and the 

Director, either himself or any other officer appointed by him by general 

or special order, in that behalf, may after such further inquiry, if any, as 

he considers necessary, either set aside or confirm or modify it, and 

pending the disposal of appeal, may stay the operation of the order on 

such terms, if any, as he thinks fit.    

Power of the 
State 

Government 
to call for 
records 

8. The State Government may call for and examine the record of

any appeal decided by the Director under section 7 for the purpose of 

satisfying itself as to the correctness or propriety of any order passed by 

him, and it may pass such order thereon as it thinks fit :  

Provided that no order superseding the management of the 

institution or extending the period of supersession thereof shall be 

passed under this section unless an opportunity has been given to the 

management to show cause against the proposed order.  

Approval of 
posts 

9. (1) No institution shall create a new post of teacher or other

employee, except with the previous approval of the Director or such 

other officer, as may be empowered by a general or special order in that 

behalf by the Director.  

(2) If any new post is created with the previous approval referred 

to in sub-section (1), and no appointment is made to such post, within 

three months, the approval shall be deemed to have been withdrawn.  

Liability in 
respect of 
salary 

10. (1) The State Government shall be liable for payment of

salaries of teachers and employees of every institution due in respect of 

any period after the appointed day.  

(2) The State Government may recover any amount in respect of 

which any liability is incurred by it under sub-section (1) by attachment 

of the income from the property belonging to or vested in the institution 

as if that amount were an arrear of land revenue due from the 

institution.  

(3) Nothing in this section shall be deemed to derogate from the 

liability of the institution for any such dues to the teacher or employee. 

Punishment, 
penalties and 

procedure 

11. (1) If any default is committed in complying with any

direction under section 4 or with the provisions of section 3 or section 5, 

every person who at the time the default was committed was manager or 

any other person vested with the authority to manage and conduct the 

affairs of the institution shall, unless he proves that the default was 

committed without his knowledge or that he exercised all due diligence 

to prevent the commission of the default, be punishable, in the case of a 

default in complying with the provisions of section 3 with fine which 

may extend to one thousand rupees and in the case of any other default, 

with imprisonment which may extend to six months or with fine which 

may extend to one thousand rupees or with both.    

(2) No  court  shall  take  cognizance  of  any  offence  punishable 



[The Uttar Pradesh Junior High Schools (Payment of Salaries of Teachers and Other Employees) Act, 1978]

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under this section except with the previous sanction of the Regional 

Deputy Director, Education. 

(3) Every offence under this section shall be cognizable but no 

police officer below the rank of a Deputy Superintendent shall 

investigate any such offence without the order of Magistrate of the First 

Class or make arrest therefor without a warrant.  

(4) No court below the rank of a Magistrate of the First Class 

shall take cognizance of an offence under this section.  

Bar or 
jurisdiction 
of court. 

12. No order made or direction given by the State Government,

the Director, the Regional Deputy Director or the Education Officer or 

other officer in exercise of any power conferred by or under this Act shall 

be called in question in any court.  

Exemption in 

relation to 
certain 
institutions 

13. Nothing in this Act shall apply to institutions maintained by

the Uttar Pradesh Board of Basic Education, Railway Administration, 

Cantonment Board or any other industrial undertaking owned or 

controlled by the Central Government or the State Government.  

1[Transitory 

provisions in 
respect of 
certain 
upgraded 

institutions] 

1[13-A. (1) Notwithstanding anything contained in this Act, the 

provisions of this Act shall, mutatis-mutandis, apply, to an institution 

which is upgraded to High School or Intermediate standard and, to such 

teachers and other employees thereof in respect of whose employees 

thereof in respect of whose employment maintenance grant is paid by 

the State Government to such institution.  

(2) For the purposes of this section the reference to the students 

wherever they occur in section 5, shall be construed as reference to the 

students of classes up to junior high school level only.] 

Protection of 
acts done in 

good faith 

14. No suit, prosecution or other legal proceedings shall lie

against the State Government, the Director, the Regional Deputy 

Director, Education, the Education Officer, the Authorized Controller or 

any other person in respect of anything which is in good faith done or 

intended to be done in pursuance of this Act or any rule, order or 

direction made or given thereunder.   

Power to 
remove 

difficulties 

15. (1) If any difficulty arises in giving effect to the provisions of

this Act or by reason of anything contained in this Act, the State 

Government may as occasion requires, by notification, make such 

incidental or consequential provisions including provision for adopting 

or modifying any provision of this Act or of the Uttar Pradesh Basic 

Education Act, 1972, or the rules made thereunder, but not affecting the 

substance, as it may think necessary or expedient for the purposes of 

this Act.  

(2) No order under sub-section (1) shall be made after the 

expiration of a period of the three years from the appointed day. 

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1. Ins.  by sec. 2 of U. P. Act  34 of 2000.



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(3) Every order made under sub-section (1) shall be laid, as soon 

as may be, before both the Houses of the State Legislature.  

Delegation 16. The State Government may, by notification, delegate all or

any of its powers under this Act to the Director. 

Power to 
make rules 

17. The State Government may by notification make rules for

carrying out the purposes of this Act. 

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