Chapter-
6 Recruitment And Service Conditions Of Staff Of Registered Schools
19. Recruitment of Head-masters, teachers, and non-teaching staff:
(1) In every registered school, there shall be recruited such number of teachers and would bear to the number of classes in the school, a proportion of not less than one to five and not more than one to three, having regard to the requirement of the types of teachers in relation to the nature of subjects taught in the school.
(2) The strength of clerical staff to be recruited in a registered school shall be as follows, vide GR Edu Dept No – SEB/1394-364 (87)-G dated 22-2-99 namely –
Number of students Number of Clerks
in a school
1. School having students One Junior Clerk
upto 200
2. Schools having students One Junior Clerk
over 201 and upto 400 One Senior Clerk
3. School having students One Junior Clerk
over 401 and upto 600 One Senior Clerk
One Head Clerk
4. School having students One Junior Clerk
over 601 to 800 One Senior Clerk
One Head Clerk and
One Office Superintendent
5. School having students Two Junior Clerks
801 to 1000 1 Senior Clerk
1 Head Clerk
1 Office Superintendent
6. School having students 2 Junior Clerks
1001 to 1200 2 Senior Clerks
1 Head Clerk
1 Office Superintendent
7. School having students 3 Junior Clerks
1201 to 1400 2 Senior Clerks
1 Head Clerk
1 Office Superintendent
8. School having more than 1 Addl. Senior Clerk
1401 students
per 200 students or part
thereof
(3) The strength of full time peons and such other servants to be recruited in a registered school, shall be as follows : Vide GR Ed. Dept No GAC/1079-108J-G Dated 27/2/80.
1. School having students One
upto 100
2. Schools having students Two
over 101 and upto 200
3. School having students Three
over 201 and upto 500
4. School having students Four
over 501 to 750
5. School having students Five
751 to 1000
6. School having students Six
1001 to 1500
7. School having students Seven
1501
Additional post of one peon shall be sanctioned per 200 students if the strength of the students exceeds 1501.
(4) Deleted vide G.R. Edu.Deptt. No. 2000-1828/Chh dated 11.7.2000
(5) The management of a registered school having more than 100 classes may, with the approval of the officer, appoint supervisors subordinate to the head as under : (1) A school having 10 or No Supervisor is required.
(1) less than 10 classes
(2) A school having more than 11 One Supervisor (1)
and upto 20 classes
(3) A school having more than another post of supervisor
20 classes shall be granted but in no
case more than two
supervisors shall be
Entitelled (2)
(1)(2) GR .Ed.Dept No. SEB /1096/1283/chh/ dated 14-8-97.
Provided that the number of supervisors to be appointed under this clause, shall be reduced by one if a second head is appointed in the school.
(6) No registered school shall recruit Head-Master and teachers on a temporary basis without the approval of the officer.(1)
Explanation :- Temporary basis means for a fixed period not exceeding an academic year in a temporary vacancy caused by leave or resignation or any other reason.
Provided that -
(1) Where immediately before the commencement of these regulations, there is in a registered school, an untrained teacher, the management of such school shall depute such teacher for training in such courses as would enable him to teach subjects taught in the school and for that purpose grant such leave to him as is available to him if, such teacher undertakes
To work as a teacher for a period of not less than 5 years, in any registered school in the State.
(2) Where leave without pay is granted to such teacher under clause (1) such leave shall be treated as Leave Without Pay- extra-ordinary leave and shall not be counted for qualifying service.
Explanation :- “untrained teacher” in this provisio means a teacher who does not possess requisite qualifications mentioned in clause (1), (2), (3), (4), (5), (6), (7) or (8) of regulation 20, as the case may be.
(1) Vide GR. Ed .Dept No- SEB /1096 /1283/chh dated 14-8-97.
20. Qualifications of Head-Masters, teachers and members of Non-teaching staff in a registered school.
(1) No person shall be appointed as a Head master unless he is a trained graduate (B.T. or B.Ed. or its equivalent degree as recognized by the Government) and possesses post-training teaching/inspecting experience of not less than 5 years of which at least 3 years’ teaching experience must be in a secondary/Higher Secondary School, pII or he is a graduate and possesses ten years’ teaching experience in a Secondary/Higher Secondary School, after qualifying in STC, TD, HSS/AM/DM/ATD/CPEd/B.Mus. (Visharad) and in all 15 years teaching experience. Besides, candidate having M.Ed. Degree shall be given preference. (1)
Provided that in a school having exclusively girl students, no person other than a woman having the aforesaid qualifications shall be appointed as Head of Second Head.
(2) The qualifications for appointing a Supervisor shall be the same as those prescribed for the Head-Master in clause (1).
(1) Vide G.R. Ed .Dept No BMS / 1397/ 1012/G dated 27-8-01.
(3) No person shall be appointed as a teacher unless he-
(a) has attained the age of eighteen years; and
(b) possesses -
(1) a degree in any faculty of any university in India established by law, or
(2) a degree of B.T. or B.Ed. or any degree recognized by the Board as equivalent thereto, or
(3) a diploma in Education awarded by Graduates Basic Training Centers, or
(4) any other degree, diploma or certificate which the State Government or the Inter University Board has sanctioned as equivalent to any of the qualifications mentioned in paragraphs (2) to (3).
(4) No person shall be appointed as Drawing Teacher unless he-
(a) has attained the age of eighteen years and
(b) possesses-
(1) a degree in Fine Arts of any University in India established by law, or
(2) Drawing Teacher’s or Drawing Master’s Diploma or Certificate,
(3) an Art Master’s Certificate.
(5) No person shall be appointed as a Craft Teacher unless he-
(a) has attained 18 years of age; and
(b) possesses –
(1) a Secondary School Certificate, and
(2) a Diploma in Mechanical, Electrical, Automobile or Civil Engineering, as the case may be; or
(3) a Diploma in Tailoring or Embroidery as the case may be or both, or a Diploma in various crafts.
(6) No person shall be appointed as a Language Teacher (Arabic, Hindi, Persian, Sanskrit, etc.) unless he-
(a) has attained the age of eighteen years; and
(b) possesses qualifications prescribed in clause (3) for being appointed as a teacher or such qualifications which are recognized by the State Government or Inter-University Board as equivalent to the aforesaid qualifications.
(7) No person shall be appointed as a Music Teacher unless he –
(a) has attained the age of eighteen years; and
(b) is a Sangeet Visharad.
(8) No person shall be appointed as a Physical Instructor unless he –
(a) has attained the age of 18 years; and
(b) possesses –
(1) Matriculation or S.S.C. with one year’s certificate course in Physical Education, or
(2) (2) a Degree in any faculty or any university in India established by law and a Diploma in Physical Education or an equivalent Diploma recognized by the Board or a Degree in Physical Education from a university declared as deemed to be under UGC Act.(1)
(1) Vide G.R. Ed .Dept No SEB/ 1089/1450/chh dated 15-5-92
(9) No person shall be appointed as a member of the clerical staff unless he –
(a) has attained the age of eighteen years; and
(b) possesses Matriculation or S.S.C.E. Certificate with Mathematics as one of the subjects.
(c) the post of Jr. Clerk in Govt. Secondary School should, in stead of direct recruitment, be filled in by promotion from amongst the Class IV employees (Peons) having required educational qualifications and having at least three years continuous service so as to provide appointments of promotions to the peons working in a non-Govt. Secondary School and having due educational qualifications. The post of Jr. Clerk should be filled in through direct recruitment only when the employees (peons) having such qualifications are not available in the School.(2)
(10) No person shall be appointed as peon unless he –
(a) has attained the age of 18 years and
(b) has passed at least Standard IV (3)
Medical Examination :
21. Appointment of a person as a Head-master, a teacher or a member of non-teaching staff shall be continued only if he undergoes medical examination and obtains within a period of three months from such appointment, a certificate from medical practitioners as specified by the Board in this behalf, stating that the person is physically fit and is free from any communicable disease.
(2) Vide G.R. Ed .Dept No SEB/1383/2996/91/G dated 16-12-91.
(3) Vide G.R. Ed .Dept No SEB/1087/2985/91/chh dated 7-7-89.
22. Probation
Where a person is appointed as a Head-master, a teacher or a member of non-teaching staff otherwise than on a temporary basis, he shall be on probation for such a period ot exceeding two years as the management decides, and on satisfactory completion of service in the said period, the person shall be a permanent employee.
23. Service Book
(1) A service book shall be maintained as per Form-V by the management of a registered school for every employee in the school within three months from his appointment and the same shall be maintained by the management.
(2) Entries in the service book shall be verified by the management of the registered school by reference to original records or certificates as the case may be, and in token of verification, the management shall enter a remark in the book that entries are in accordance with original records and certificate.
24. Pay-scales
The pay scales of teaching and non-teaching staff shall be such as may be laid down by the State Government from time to time.
25. Vacation Pay
(1) Subject to clauses (2) and (3), every employee in a registered school other than a member of non-teaching staff shall be entitled to vacation and vacation pay.
(2) A temporary employee not being in a purely temporary vacancy, such as leave, deputation or on a temporary post created for a specified period, who has served in a registered school for three months in the first term and four months in the second term of an academic year and whose services have been terminated by the management shall be entitled to the salary for the month of October or December, as the case may be, and also summer vacation.
3.(A) A permanent employee who is given compensation shall not be entitled for the salary for the period of vacation.
(2) A re-employed person shall not be entitled to salary for the period of vacation following the expiry of the period of re-employment granted to him.
(3) A permanent employee who retires after attaining the age of superannuation shall be entitled for salary up to 31student October in the first term and up to 31student May in the Second term.
(B) A permanent employee whose services are terminated on account of reduction of establishment shall be entitled to salary for the period of vacation.
26. Pension and Provident Fund
(1) Every employee of a registered school which receives Government aid (hereinafter in this Regulation referred to as the case may be the “aided school”), who was appointed before 1st April, 1969 and who had exercised in writing his option for a pension scheme and every employee of such school who is appointed on or after 1st April, 1969, shall be eligible to get pension as per rules prescribed by the State Government.
(2) Employees of an aided school appointed before 1st April, 1969 and who have opted for contributory provident fund shall subscribe to that fund as per the rules prescribed by the State Government in that behalf.
(3) The management of a registered school other than an aided school shall continue Contributory Provident Fund Scheme of its own as is sanctioned by the Board.
(4) Nothing in this regulation shall apply to part-time employees of a registered school.
27.Code of Conduct and Discipline for Head masters, teachers and members of non-teaching staff of a registered private school
(1) Head-master and teachers of a registered school maybe required by the management of the school to participate in and work for extra-curricular and corporate activities of the school including social education.
(2) A Head master may, whenever necessary, require any member of teaching and non-teaching staff to do any work in connection with the school during holidays or beyond school hours on week days.
(3) An employee of a registered school may attend political meetings, and become a member of, or take an active part in activities of any political party other than a party which is declared by the State Government to be unlawful.
(4)An employee of a registered school shall not engage in any political activities while on duty or on school premises.
(4-A) Any employee of a registered school shall be liable for punishment of suspension and also a dismissal if found convicted of malpractising or supplying in malpracticises in the public extral consulted considered by the Board.(1)
(5)
(A) No member of the teaching or non-teaching staff shall join , or continue to be a member of an association, the objects or activities of which are prejudicial to the interests of the sovereignty and integrity of India or public order or morality.
(B) No member of teaching and non-teaching staff shall -
Vide GR Edu.Dept No. BMS/1087/4254/88/G dated 17-2-89.
(1) propagate though his teaching lessons or otherwise, communal or sectarian outlook, or incite or allow any student to indulge in communal or sectarian activity.
(2) discriminate against any student on the ground of caste, creed, language, place of origin, social and cultural background or any of them.
(3) practise or incite any student to practise casteism, communalism or untouchability.
(6) No Head-master, and member of teaching or non-teaching staff shall resort to any form of strike in connection with any matter pertaining to his conditions of service.
(6)(a) No employee shall refuse to accept the work which may be assigned to him in connection with the public examination conducted by the Board. However, the Board may, under specific circumstances, exempt the employee on reasonable grounds :-
(7)(a) Neither Head-master nor a member of teaching or non-teaching staff shall engage himself directly or indirectly in any trade or profession or undertake any other employment except the honorary work of social or charitable nature or occasional work of a literary, artistic or scientific character, subject to the condition that his duties do not hereby suffer.
Explanation :- Canvassing by a Head-master or any member of teaching and non-teaching staff, in support of the business of an insurance agency or commission agency etc. owned or managed by his wife or other member of his family shall be deemed to be breach of this rule.
(7)(b) A Head-master or a member of teaching or non-teaching staff shall report to the Board through the Officer, if any member of his family is engaged in a trade or business or owns or manages an insurance agency or commission agency.
Explanation :- For the purpose of such regulation 7(a) “Family” will include husband, wife and minor children.
(7)(c) No Head-master, as also any member of member of teaching or non-teaching staff shall, without the previous sanction of the Officer, take part in the registration, promotion, or management of any bank or other company which is required to be registered under the Companies Act, 1956 (I of 1956) or any other law for the time being in force or any co-operative society for commercial purpose; provided that the staff member may take part in the registration, promotion or management of a co-operative society registered substantially for the benefit of staff members, registered under the co-operative Societies Act, 1912 (II of 1912) or any other law for the time being in force or of a literary Scientific or charitable society registered under the Societies Registration Act, 1860 (21 of 1860) or any corresponding law in force.
(7)(d) No full time employee shall accept any other gainful employment of any nature anywhere.
Proviso by(7)(d)is deleted vide GR Edu-Dept NO BMS/1297/1468/288/G dated10/6/97.
(7)(e) Deleted as per G.R.,Edu –Dept D., No.SER-10747/5745 dt. 21.6.76.
(7)(f) Neither Head-master nor a member of teaching or non-teaching staff shall exert or attempt to exert any political or other outside influence to further his interests in respect of matters pertaining to his service.
(7)(g) A Head-master or a member of teaching or non-teaching staff shall be liable to be dismissed –
(1) if he has been convicted of an offence involving moral turpitude;
(2) if he behaves towards the students, parents of students, or his Supervisors and inspecting officers, in any manner grossly unbecoming of such Head-master or the member;
(3) if he refuses to obey an order communicated by the Department or violates any of these regulations;
(4) if he refused without sufficient grounds to undergo a course of study within a reasonable time after being required to do so.
(7)(h) A Head-master, or a member of teaching or non-teaching staff shall be liable to any punishment, not amounting to dismissal, removal or reduction in rank, if the management, after giving him reasonable opportunity of being heard, is of opinion that he is guilty of breach of any of the provisions of these regulations.
Provided that where the management is of opinion that any penalty other than dismissal would meet with the ends of justice it may take action under sub-clause(b).
(8) Any employee of a registered school shall not work as Managing Trustee/Director or Manager of the Managing Trust of the same school. This rule, on coming into force, such employees shall have to give an option from the two to the DEO within three months. The school and the registration of the school of the employee, violating the given option and working as Director, Managing Trustee or Manager is liable to be cancelled vide Regulation 9A(1).
(9)
2. Regulation 27 (A) :- “In addition to (provision made) instructions given elsewhere in the Regulations in respect of the matters relating to mis-conduct and indiscipline by the teaching or non-teaching staff of a registered secondary school, the Principal/Head-master shall have the powers to take disciplinary action as shown in Appendix-I of these Regulations against members of teaching or non-teaching staff of a registered secondary school.”(2)
3. Regulation 27 (9) shall be added as under to the Regulation-27 of the Gujarat Secondary Education Regulations, 1974:-
27(9). “In addition to provisions contained elsewhere in the Regulations regarding the functions of and instructions to the teaching and non-teaching staff of a registered private secondary school, the duties and service conditions (conduct) of the Management, Principal, Supervisor, teachers, and non-teaching staff covered under Class-III and Class –IV shall be regulated as provided in Appendix –II of these Regulations.”(3)
27(10) shall be added as under to Regulation – 27 of the Gujarat Secondary Education Regulations, 1974
Note:-1- Vide GR Ed. Dept. No BMS/1087/4t62/98/G dated 17-2-89
2 - Vide GR Ed. Dept. No. SEB/1088/2958/chh dated 20/5/92
3 – Vide GR. Ed. Dept. No. SEB/1088/d954/chjh dated 20/5/92
Regulation- 27 (10)
“In addition to duties and service conditions as laid down in Regulation 27(9) for all the members of teaching and non-teaching staff of a registered private secondary school the following rules shall be applicable to every employee of all the categories of the teaching and non-teaching staff of the school including the management of the post-basic schools.”
(1)He shall put on Khadi during duty hours and in the institution.
(2)He shall actively participate in the productive labour intensive activities.
(3)He shall directly participate in the prayer as well as community and hostel work.
(4)He shall participate in social service and service-extension porgramme.
(5) He shall neither smoke nor take any of the intoxicants.
(6) He shall participate in educational and creative activities of the institution.
(7) He shall stay in the campus of the institution if it has the facility of a building.[4]
28. Working Hours and Presence of teaching staff
(1) A full time teacher shall be present on the school premises during the working hours of the school for 30 hours a week exclusive of daily recesses according to the requirements of the school.
(2) A full time teacher shall do actual teaching work for at least 21 hours per week, exclusive of recesses and shall utilise the remaining time for extra-curricular activities, correction and similar other work of the school.
(3)
(a) All work provided in the school time-table shall be included in the periods of 21 hours of work;
Note:- Vide GR. Edu. No. DEB/ 1088/d954/chh dated 20/5/92
(b) A teacher shall be given full load of 21 hours of teaching work in the time-table of the school,
(4) The head of the registered secondary school may at his discretion reduce the teaching work of teachers by not more than three periods per week.
Provided that the average of 21 hours per week per teacher is not affected.
(5) The head shall ensure fair and equal distribution of work to all teachers taking into consideration the correction work which is assigned to them.
(6) In a registered school having more than 20 classes, the head, the second head and the supervisor shall undertake teaching work for not less than 6,8 and 10 hours per week respectively.
In a registered school having 20 classes or less than 20 classes, the head, the second head and the supervisor shall undertake teaching work for not less than 6,7 and 12 hours per week respectively.
(7) The Principal shall plan in the beginning of the year, the extra curricular activities with due co-operation of the teachers and implement the same so as to maintain the schedule of such activities right from the beginning of the term.(a)
29. Absence
(1) No employee of a registered school shall ordinarily remain absent from his duties without the prior permission of the head of the school.
(2) In case of an emergency, when he is unable to obtain necessary permission, he shall intimate to the head, the reasons of his absence at the earliest opportunity.
Provided that in no case shall such absence be continued beyond three days.
Note:- Vide GR Edu. Dept. NV-BMS/1087/5783/89LG dated – 1011-89.
30. Leave
(1) Leave shall not be claimed as a matter of right. Discretion to refuse or revoke leave is reserved to the head of the school or the Managing Committee, as the case may be.
(2)
(A) Casual leave may be given by the head upto maximum period of 15 days in an academic year subject to the condition that ordinarily not more than three days casual leave maybe enjoyed at a time, to be extended to ten days, only in exceptional circumstances.
(B) Not more than two holidays may be enjoyed in conjunction with any spell of casual leave whether by prefixing or suffixing or by both and the total period of casual leave and holidays enjoyed continuously at one time shall not exceed seven days save only in exceptional circumstances when it may be extended upto 10 days.
(C) Not more than two holidays maybe prefixed or suffixed to the casual leave and any holidays so prefixed or suffixed exceeding two shall be treated as casual leave. Sundays and public holidays interposed between two periods of casual leave shall be treated as a part of casual leave.
(D) Casual leave cannot ordinarily be prefixed or suffixed to vacations except with the previous permission of the Head of the school.
(E) It is permissible to enjoy half day’s casual leave if the period of absence is half or less than half of a working day.
(F) Absence on a Saturday, if it is a half working day or absence on any other day if observed by the school as a half working day is not to be treated as a half day’s casual leave instead it is to be treated as casual leave for a full day.
(G) If teachers, having no casual leave in balance, have to remain absent from their duties on account of their being appointed as paper-setters, moderators, examiners etc. for the practical work of the examination held in March/April and October/November by the Board, shall be allowed to have special casual leave upto 15 days in a year, to prefix and/or suffix to the vacation as a special case, subject to the condition that the competent authority of the Board certifies that the presence of such teachers is necessary in regard to the examinations.
3 (A) Half pay leave to the extent of 20 days may be granted for each completed year of service to permanent employees of a school on a medical certificate or otherwise. Every application for leave on medical grounds made by an employee shall be accompanied by a medical certificate given by a registered medical practitioner, stating as clearly as possible the nature and probable duration of the illness.
(B) The authority competent to sanction leave may, at its discretion secure a second medical opinion by requesting the Civil Surgeon or District Medical Officer to have the applicant medically examined. Where it is decided to secure second medical opinion, it shall arrange at its own cost for the second examination to be made, on the earliest possible date after the date on which the first medical opinion was given, and forward the original medical certificate produced by the applicant to the medical officer by whom he is to be re-examined.
(C) The maximum period of half pay leave shall be limited to 120 days at a time.
Explanation :
(1) These half day leave shall be credited in the name of the employee in advance, in the column for leave i.e. 10 on the first of January and 10 on the first of July every year.
(2) In the case of new appointment, 5/3 (third fifth) every month for the period of six months shall have to be credited.
(3) In the case of retirement, death, resignation or dismissal of an employee or his service is terminated otherwise, third fifth (5/4) per every month for the months he has performed for full month for the period of last six months instead of 10 leaves in advance shall be taken into consideration for calculating the above, next full day instead of a fraction of a day should be taken into consideration and for month, next full month (i.e. for calculating more than 15 days) shall be considered.(1)
(4) Commuted leave not exceeding half the number of half pay leave due may be granted -
(a) on medical certificate from the Civil Surgeon or a registered medical practitioner named by the authority competent to sanction leave or
(b) for any valid reason approved by the said authority. Such leave shall be granted by the school committee or management subject to the following conditions, namely –
(1) commuted leave during the entire service shall be limited to a maximum of 240 days.
(2) when commuted leave is granted, twice the number of such leave shall be debited against the half pay leave due; and
Note:- Vide GR De. Dept No. BMS/ 1391/2660/G dated 20/4/92
(3) the total duration of earned leave and commuted leave taken in conjunction shall not exceed 240 days.
Provided that no commuted leave may be granted under this rule unless the authority competent to sanction leave has reason to believe that the employee will return to duty on its expiry.
(5) Extraordinary leave not exceeding thirty six months in the aggregate may be granted to an employee in special circumstances when no other leave is by regulation admissible or when other leave is admissible but the employee applied in writing for the grant of extraordinary leave. Except in the case of a permanent employee, the duration of extra-ordinary leave shall not exceed on any one occasion twelve months in the case where such employee is undergoing treatment for tuberculosis or leprosy and four months in any other case. The authority competent to sanction leave may commute retrospectively periods of absence without leave, into extra-ordinary.
6 (A) Maternity leave for 135 days maybe granted to a female employee who has put in more than one year’s service and who does not have more than one child living. To a male employee of the hers less than toro children living shall be granted paternity leave for 15 days to take care of his crite
(B) Maternity leave under sub-clause (a) shall be granted on half pay to an employee who has put in less than to years’ service before the commencement of such leave.
Note:- (1) Vide GR. Ed. Dept No. BMS/1195/2309/part-II/G dated 8/3/99
(C) Maternity leave under sub-clause (a) shall be granted on full pay to an employee who has put in two years’ service or more than two years’ service on the day of commencement of such leave.
(D) Maternity leave shall not be debited to the leave account. Leave of any kind maybe granted in continuation of maternity leave, if the request for granting it is supported by a medical certificate.
(E) Maternity leave with full pay shall be granted twice during the entire service.
Note :- Leave under this regulation is admissible in case of miscarriage or abortion.
(7) (A) Earned leave admissible to a permanent member of teaching staff, in respect of any academic year shall be such number of days in a vacation in such year for which he is required to work;
Provided that such earned leave shall not be more than thirty days in an academic year.
Provided further that such member shall cease to earn leave as soon as earned leave due to him amounts to 240 days.(1)
(B) A member of non-teaching staff and the Principal (1st Principal ) shall not be entitled to any vacation but shall be entitled to earned leave per year of duty at the rate of 30 days for a completed year of service.
Provided that such member shall cease to earn leave as soon as earned leave due to him amounts to 240 days.(2)
From the above leave admissible, 15 days leave on 1st of January and 1st of July respectively shall be credited to every six months to the account of every employee in advance totalling to 30 days.(3)
(8) Any kind of leave except casual leave maybe granted in combination with or in continuation of any other kind of leave.
Note:- (1)Vide GR Ed. Dept. No. BMS/1085/752/89/c dated 17/4/99
Note (2)(3) Vide GR Ed. Dept. No. BMS/1391/864/C dated 18/7/91
(9) (A) A temporary member of teaching or non-teaching staff shall not be entitled to any leave with pay other than casual and maternity leave.
Provided that where such member is appointed substantively to a permanent post, he shall be credited with leave which would have been admissible to him as if previous continuous duty by him was put in as permanent member.
Provided further that half pay leave at the rate of 15 days for each completed academic year may be granted to the temporary member if the authority competent to sanction leave has reason to believe that the member concerned shall return to duty on the expiry of such leave.
(10) Leave of any nature upto a period of 15 days except commuted leave maybe sanctioned by the Head-master to the member of teaching and non-teaching staff.
(11) Whatever leave has been earned by a Head-master or a member of teaching & non-teaching staff shall not lapse merely because of change in the school, if the service is continuous.
31. Calculation of Leave Salary
(1)
(a) An employee on earned leave shall be entitled to leave salary equal to the average monthly pay earned by him during the ten completed months immediately preceding the month in which the leave
commences, or the substantive pay to which he is entitled, whichever is greater.
Provided that when maximum pay of the post does not exceed Rs.110 per month the employee shall be entitled to have salary equal to the pay drawn by him immediately before proceeding on leave.
(b) An employee on half pay leave shall be entitled to leave salary equal to half the substantive pay or half the amount specified in sub-clause (a)(ii).
(c) An employee on commuted leave shall be entitled to leave salary equal to twice the amount admissible under sub-clause (b).
(d) An employee on extra leave without pay ordinary leave shall not be entitled to any leave salary.
(2) Leave to the credit of an employee shall lapse on the date of his superannuation.
Provided that wherein sufficient time before that date he has formally applied for leave and leave has been refused in the interest of the school, the refused leave upto maximum of four months maybe granted after the date of superannuation or a period of re-employment expires.
(3) An employee retained in service beyond the age of superannuation shall earn leave for the period of his extension at the rate mentioned in clause (7) of regulation 30, which he may enjoy before the extended period of re-employment expires.
(4) A leave account of every employee shall be maintained in form VI.
(5) An employee on leave, with full or half pay, shall not accept any service with pay or remuneration during the period of leave.
(6) (A) An application for leave or extension of leave or proceed on leave after vacation, shall ordinarily be made in good time before the date from which the leave or its extension is sought.
(b) Deleted by G.R. E.&L. Deptt. No.SER-1074/5795-G dt. 21-6.76.
(7) An employee on leave may not be allowed to resume duty before the expiry of leave except with the permission of the sanctioning authority.
(8) Under exceptional circumstances of administrative necessity, the authority competent to sanction leave may call back to duty an employee who is on leave explaining the nature of the emergency and it shall be incumbent on the employee to return to duty. Where the employee does not return to duty as directed, he shall satisfy the said authority that he could not return to duty, on account of bonafide circumstances.
32. Private tuitions by full-time teaching staff
(1) No Head or Second Head of a registered school shall give any private tuition whether with or without any remuneration.
Provided that such Head may occasionally give guidance to students of the school outside the school hours without any remuneration.
Provided further that such Head may, if permitted in writing by the management of the school, undertake the following, namely :-
(a) with the previous approval of the university, to work as a guide for post graduate research.
(b) to work as a part-time lecturer in a college or in a post-graduate department of a university in the state established by law;
(1) if the work involved is small and does not interfere with his regular work in the school or with his presence in the school for the requisite period and;
(2) if his legitimate work does not suffer in any manner.
(2) No teacher shall give private tuition for more than two hours in a day nor shall he teach more than five students during the said two hours unless -
(a) he obtains the permission of the head of the school before he undertakes such tuition ; and
(b) he agrees to submit to the head of the school at the end of every month a statement signed by him showing the names of students to whom he has been giving tuition, the period per day for which he is giving such tuition, the standards in which the students are studying and the amount of remuneration received.
Explanation :- The expression ‘Five students’ means the same five students and not batches of students.
(c) Special classes may be organised in the school, outside the school hours, by the head of the registered secondary school for pupils who are in need of special coaching and individual attention in school subjects. The number of pupils in each class shall ordinarily exceed 15.
No pressure shall be exerted on the parents or guardians to send their wards to these classes. Fees may be charged for such special coaching but that should not exceed the amount required to meet with the necessary expenditure on reasonable remuneration to be paid to teachers working in more than one hour’s work per day, in these classes. This will, however, be in addition to two hours’ tuition work referred to in Regulation 32(2)(a).
Information about the number of pupils, rate of fees charged and names of the teachers working in special classes shall be sent to the officer, when such classes are organised. A separate account of receipts and expenditure shall be maintained which shall be open to inspection by the officer.
(3) No teacher shall associate himself directly or indirectly with any coaching class to prepare students for internal or external examination of any secondary school or any other examination.
(4) No management of a registered school shall permit its school building or any part thereof or the premises thereof to be utilised for coaching classes except classes conducted by a teacher for an examination in a language held by an association, recognised by the Department :
Provided that the time which a teacher spends in giving tuition in such a class shall be set-off against the limit of two hours of private tuition imposed by these regulations.
Explanation :- For the purpose of this regulation a coaching class means a place where the number of students taking private tuition from a teacher, for preparing for an internal or external examination, exceeds five.
(5)
(a) A part-time teacher shall obtain the previous permission of the Head of the school before undertaking any tuition and if so permitted shall furnish to the Head the monthly statement as provided in clause (2)(b).
(b) The total number of hours spent by a part-time teacher in teaching in one or more schools, and those spent by him in private tuition, shall not exceed the aggregate of number of hours spent in teaching in school and the number of hours permitted for undertaking private tuition by a full-time teacher.
Provided that the total number of hours spent by a part-time teacher in private tuition shall not exceed four hours a day.
33. Termination of Employment
(1) When service of a permanent employee is terminated by the management in accordance with the provisions of section 36, such employer shall be entitled to compensation.
(a) equal to 6 months’ salary including allowances if the employee has put in service in the school for a period of not exceeding five years; and
(b) equal to 6 months’ salary including allowances for the first five years and a month’s salary for every year of the period exceeding five years, if the employee has put in service in the school for a period exceeding five years. But if such employer has been given the benefits as surplus or supernumery teacher, he shall not be entitled for any compensation.(1)
(c) In the cases where the employee to be terminated is considered as surplus, the amount of compensation as mentioned at (a)(b) above shall be deposited to the Govt. by the Body/Institution (2)
Compensation
(2) The service of a temporary employee may be terminated by the management at any time without assigning any reason after giving one calendar month’s pay (and allowances, if any) in lieu of such notice.
Provided that no notice shall be given during vacation or so as to cover any part of the vacation or within the first fortnight after the vacation.
Note:-(1) amended Vide GR Ed. Dept. NO. MS/1183/3105/87/[G] dated 12/4/88.
(2) amended vide GR. Ed. Dept. No. SEB/1198/1225/chh dated 13/8/98.
(3) A temporary employee ca resign from service after giving 30 days’ notice. If he does not give full notice, he shall have to pay notice pay (including allowance) for the period by which his notice falls short of the prescribed period, viz. 30 days. Similarly, a permanent employee can resign from service after giving 90 days’ notice. If he does not give full notice, he shall have to pay notice pay (including allowances) for the period by which his notice falls short of the prescribed period, viz. 90 days.
Provided that employees entitled to vacation pay as per rules shall not draw pay for the same vacation from two school.
Provided, however, that a shorter period of notice may be accepted by the management if mutually agreed upon by both parties.
34. Application for another post
(1)
(a) Where an employee serving in a registered school desires to apply elsewhere for a post other than the teachers post, he shall forward his application for the said post through the Head of the school under intimation to the management.
(b) Where the Head of a registered school desires to apply elsewhere for a post other than the Head-master’s post, such application shall be forwarded through the management.
(c) An application shall be forwarded by the Head or the management, as the case may be, promptly with due regard to the urgency of each case, and in any case within a week from the date of receipt of the application:
Provided that an advance copy of such application may be sent directly by the applicant and the fact of having sent application directly maybe stated in the application submitted through the Head or the management as the case may be.
(2) where a teacher of a registered school is willing to be selected for appointment as a teacher in another registered private secondary school, he shall get his name registered in the relevant register prepared and maintained under these regulations.
35. Discharge Certificate
Where a teacher who either leaves service after due notice or whose services are terminated by the management requests for a discharge certificate, the management shall give to such teacher a discharge certificate, in form-VII within a week from such request.
36. Superannuation
(1) An employee of a registered secondary school shall be compulsorily retired on the date on which he attains the age of 58 years.
(2) No management shall employ or re-employ any person who has completed the age of 58 years.
Provided, however, that if the date of superannuation of an employee falls within a term, his services shall automatically be extended upto the end of that term.
Provided further that re-employment upto the age of 60 years should normally be given to peons and such other menial servants by the management if they are physically fit.
The superannuation of the Class IV employee to be discharged at the age of sixty years shall be considered till last date of the month they complete 60 years of age and shall be continued till then(1).
37. Superannuation of non-teaching staff
Deleted by G.R. E. & L.D. No. SER-1074-36379-G dated 2-12-75.
Note:- amended Vide GR. Dept. No. BMS/1390/M/1061/G dated 7-4-92
|
