U.P. Higher Education Services Commission (Procedure And Conduct Of Business) Regulations, 1983

The U.P. Higher Education Services Commission (Procedure And Conduct Of Business) Regulations, 1983

Published Vide Notification No. U. SHI. Ayog 1903-1983-1983-84 Dated 20.8.1983.

UP154

In exercise of the powers under Section 31 of the Uttar Pradesh Higher Education Services Commission Act, 1980 (U.P. Act No. 16 of 1980), and with the previous approval of the Government, the Commission makes the following regulations :

1. Short title and commencement. - (1) These regulations may be called the Uttar Pradesh Higher Education Services Commission (Procedure and Conduct of Business) Regulations, 1983.

(2) They shall come into force at once.

2. Definition. - In these regulations, unless there is anything repugnant in the subject or context:

(a) "Chairman" means the Chairman of the Commission and includes any other person performing, in the absence of the Chairman, for the time being, the functions of the Chairman;

(b) "College" means affiliated or associated College to which the privilege of affiliation or recognition, as such, has been granted by a University governed by the Uttar Pradesh State Universities Act, 1973 and includes a College maintained by a local authority but does not include a College maintained by the State Government;

(c) "Commission" means the Uttar Pradesh Higher Education Services Commission established under Section 3 of the U.P. Higher Education Services Commission Act, 1980;

(d) "Committee" means a committee constituted by the Commission from amongst its members;

(e) "Government" means the Government of Uttar Pradesh;

(f) "Interview" includes viva-voce or personality test;

(g) "Member" means a person appointed as member of the Commission under Section 4 of the Act and includes its Chairman;

(h) "Officer" means Secretary, Deputy Secretary, Accounts Officer and such other officers as are appointed as such by the State Government or the Commission;

(i) "Presiding Member" means the Member who presides in the interview board;

(j) "Secretary" means Secretary of the Commission as appointed by the State Government from time to time.

3. Meetings. - (1) Unless otherwise decided by the Commission, the meetings of the Commission shall ordinarily be held on Thursday at 2.30 p.m. and if it happens to be a non- working day, on the working day immediately following Thursday. An extraordinary meeting may be called by the Chairman on any day at any time if exigency arises or if at least three members put in a requisition for it in writing.

(2) Agenda for the meetings shall be prepared and notices of the meetings shall be issued by the Secretary.

(3) The quorum for a meeting of the Commission shall be three members if all the members have assumed charge and, in other cases, it will be two members.

(4) The Chairman and, in his absence, the senior-most member present shall preside over the meeting of the Commission.

(5) The decisions of the Commission shall be taken by a majority of the members present at a meeting. In case votes are equal, the Chairman shall have a casting vote which shall be in addition to his normal vote. In case only two members including the Chairman are present, the decision shall be taken unanimously.

4. Procedure generally. - (1) For convenient transaction of its business -

(i) the allocation of work among members (including Chairman) shall, from time to time, be made by the Chairman.

(ii) The Commission may constitute a committee or committees from amongst its members or authorise any member for performance of any specified work or transaction of any specified business.

(2) The allocation made may be altered or modified as and when deemed necessary.

(3) The senior-most member shall be the convenor of a committee.

(4) Decisions of the committee shall, except in matters of which the Commission has otherwise directed, be subject to approval of the Commission.

5. Interview Board. - (1) Separate Interview Boards shall be constituted for the posts of Principals in Post-graduate Colleges, Principals in Colleges and for the post of the other teachers in each subject.

(2) The Chairman shall constitute an Interview Board and if necessary, more than one Interview Board comprising three experts and at least two members :

Provided that where the expert invited for any selection has expressed his inability or has otherwise failed to come and there is no sufficient time to invite any other expert from the panel, the Chairman may invite any available expert possessing the qualifications set out by the Commission :

Provided further that the proceedings of an Interview Board shall not be invalid if at least two experts and two members a represent.

(3) Ordinarily, a single Board shall be constituted for selection to a particular post or posts, but where the number of candidates is large, the Commission may constitute more than one Board for the purpose.

(4) Where more than one multiple Member Board are constituted the constitution of the Boards may be changed by rotation as often as considered proper.

(5) The programme of interview shall be fixed by the Commission.

(6) The intimation for interview shall be sent to a candidate at least 21 (twenty-one) days in advance.

(7) If a member is unable to be present in an Interview Board the Chairman may authorise any other member to hold the Interview in his place and this fact shall not invalidate the proceedings of such selection.

(8) If a member of a multiple Member Board is unable to attend, or has to leave the Interview Board during the course of its sitting and an alternative arrangement cannot be made, then subject to the condition laid down in the second proviso to sub- regulation (2) of this regulation the other remaining members may hold or continue to hold the interview and the proceedings of the Board shall not be vitiated on the ground that the member was absent from the sitting of the Board.

(9) The senior-most member shall preside over the Interview Board. The proceedings of the Interview Board shall be placed before the Commission for approval as early as possible where after the recommendation will be issued. Such approval may be obtained by circulation or in a meeting of the Commission.

6. Experts. - (1) The Commission shall prepare a panel of Experts for the selection of Principal and separate subject-wise panels for selection of teachers other than Principal.

Note. - The experts for selection of teachers, not being the selection of Principal, shall be expert in the subject for which a teacher has to be selected.

(2) The panel so prepared and approved by the Commission may be reviewed by the Commission from time to time.

(3) The panel of experts shall be a secret document and it shall be kept in safe custody by the Secretary under sealed cover and shall be submitted to member on requisition in writing.

7. Financial Matters. - (1) The financial Management of the Commission shall be done in accordance with the rules laid down in Financial Handbook Volumes 1, 2, 3 and 5 :

Provided that the Commission may, with the prior approval of the Government, make special regulations in respect of such matters as it may consider necessary.

(2) The expenditure of the Commission shall be incurred, from the grants given by the Government and its own receipts, in accordance with rules, referred to in sub-regulation (1) and the orders of the Government, if any. A person who incurs expenditure in violation of the rules, referred to in sub-regulation (1), these regulations or orders of the Government, if any, shall be personally responsible.

(3) The budget estimate shall be prepared by the Accounts Officer under the supervision and direction of the Secretary and expenditure shall be incurred according to the provisions of the budget after it is approved by the Commission.

(4) The Chairman shall be controlling officer with regard to himself, the Members and the Secretary shall exercise all such financial powers as are ordinarily vested in the Head of the Department. In addition the Commission may delegate such other financial powers to the Chairman as it considers proper.

(5) (i) The Secretary shall be the drawing and disbursing officer but he may, if he considers it necessary, by an order in writing, delegate all or any of such powers of the Deputy Secretary.

(ii) The Secretary shall exercise all such powers as are vested in the Head of an office. In addition, the Commission may delegate such other financial powers to the Secretary as it may consider necessary.

8. Administrative power and duties of the Chairman etc. - (1) The Chairman shall be the principal administrative officer of the Commission and shall -

(i) preside over all the meetings of the Commission and of all sub-committees of which he is a member;

(ii) have power of general superintendence and direction over working of the officers and other staff of the Commission;

(iii) exercise such other powers as are delegated to him under the regulations or otherwise by the Commission.

(2) (i) It shall be the duty of the Chairman to implement the policies and decision of the Commission and place before the Commission a report time to time or as often as the Commission may direct.

(ii) The Chairman shall perform such other duties and discharge such other responsibilities as are entrusted to him under the Act or Regulations.

9. Emergency powers of the Chairman. - In emergent circumstances, the Chairman shall have the right to exercise all or any of the powers of the Commission, so however that any action taken in exercise of such powers shall be brought to the notices of the Commission in its next meeting for approval. Action shall thereafter be taken in accordance with the decision of the Commission.
10. Duties of the member. - Subject to the provisions of the Act, the Regulations and decisions of the Commission, the members shall assist in the working of the Commission as per directions of the Chairman.
11. Administrative powers and duties of the Secretary. - (1) The Secretary shall be Chief Executive Officer of the Commission and shall work in accordance with the directions and orders of the Commission and its Chairman.

(2) The Secretary shall supervise the work of Group 'C' and 'D' employees, assign duties to and exercise control over them.

12. Working hours. - The office hours of the Commission shall ordinarily be from 10.00 a.m. to 5.00 p.m. but if the official work so warrants, the officer and other staff may be called upon to work before or after the office hours.
13. Holidays. - The Commission shall observe such holidays as are observed in the Uttar Pradesh Public Service Commission.