Appendix
(1) These rules may be called the Gujarat Secondary Education Board Members Election Procedure Rules.
(2) In the rules, unless the context requires requires otherwise:
(1) The 'Act' means the Gujarat Secondary Education Act. - 1972.
(2) 'Election' means am election to elect a member from Class - B - Elected members referred to in subsection (2) of Section - 3 other than the member falling under clauses (1) and (X) of that class.
(3) 'Form' means a form appended to these rules.
(4) 'Presiding Officer' means a district Education officer and/or Education Inspector appointed as presiding officer in the concerned districts by the Returning officer.
(5) 'Returning Officer' means the Chairman of the Board or his nominee.
(6) 'Section' means a section of the Act.
(7) 'Voter' means a person entitled to vote at an election.
(3) Preparation, maintenance and custody of list of voters.
(1) The Returning officer shall get prepare separate lists of voters in respect & election of each members from class B-elected members other than the member falling under clause (i) and in respect of the members falling in clause (ii) and (iv) Such lists shall be divided into five parts representing the five groups arranged by the state Government under the first proviso to sub-section (2) of Section-3.
(2) The Chairman of the Board shall, from time to time carry out in the authentic each list of voters prepared under sub-rule (1) and shall sign every page thereof and seal it.
(3) The Chairman of the Board shall, from time to time carry out in the authentic copy of each list of voters all corrections which may become necessary and shall initial below each correction so made.
(4) The list of voters maintained as aforesaid shall be kept under lick & key, by the Chairman and he shall be responsible for the safe custody thereof.
(4) Publication of list of voters:
The Chairman shall, at least one month before the date fixed for the nomination of candidates, give a public notice of the places where copies of the relevant lists of voters are kept open for inspection.
(5) Appointment of Election Staff :
The Presiding Officer shall appoint such number of polling officers to assist him in the performance of his functions as he may think fit as also other staff required for the election work, after obtaining previous approval of the Returning Officer.
(6) Supply of Materials for election:
The Returning Officer shall supply to each Presiding officer all the election materials along with necessary forms and stationery required for the election.
(7) The Returning Officer to appoint dates, etc. for various stages of election:
(1) The Returning Officer shall by Notification published in the official gazette and at least two newspapers having wide circulation in the concerned area, notify the date of election.
(2) As soon as the Notification under sub-rule (1) is published, the Returning Officer shall also by a notification appoint the date, the time, and place or places for the following stages:-
(A) The nomination of candidates,
(B) The scrutiny of nominations,
(C) The withdrawals of candidature,
(D) The record of votes,
(E) Counting of votes,
Provided that :
(1) Between the date of Notification under sub-rule(1) and the date fixed for the nomination of candidates there shall be an interval of at least four weeks.
(2) Between the date fixed for the nomination of candidates and the date for recording of votes, there shall be an interval of at least four weeks.
(3) The date of the scrutiny of nominations shall be the date immediately following the date fixed for presenting nomination papers.
Not less than 15 days before such date fixed for the nomination of
candidates, the Returning officer shall give the public notice in writing of intended election inviting nominations of candidates for the election and specify the date when the nomination papers are to be delivered.
(8) Nominations of Candidates :
(1) On the day during the hours appointed for nomination of candidates under rule 7 each person desirous of contesting an election shall fill a nomination paper of his candidature in form-A, sign it and present it either in person or through a representative authtised in writing in this behalf by him to the Returning Officer.
(2) On receiving a nomination paper under sub-rule(1) the Returning Officer shall enter therein its serial number and shall introduce thereon a certificate stating the date on which and the exact time at which the nomination paper was delivered to him.(2)
Scrutiny of nomination :
(3) At the time and place appointed for the scrutiny of nomination, intending candidates or any other person duly authorized in writing by each such candidateshall alone be entitled to be present. TheReturning Officer shall allow such person reasonable facility for examining the nomination papers of intending candidates.
(4) The Returning Officer shall examine the nomination papers and decide anyobjection raised before him against any nomination and may either on suchobjection or in his own notion and after such summary inquiry, if any, as heconsiders nece3ssary, reject a nomination paper on any of the following grounds,namely-
(1) That the candidate is disqualified under the Act.
(2) That the name of the candidate does not appear in the list of voters or
(3) That the candidate has failed to comply with any of the provisionsrequired by these rules or regulations.
(4) For the purpose of sub-rule (1) an entry made in the list of voters shall be a conclusive evidence of theright of any voter named in that entry to contest the election.
(9) Completion ofscrutiny of nomination :
(1) The scrutiny shall be completed on the date appointed in this behalf.
(2) The Returning Officer shall, on the same day, endorse, on each nominationpaper, his decision accepting the same and, if the nomination is rejected shall,record a brief statement of his reasons for such rejection and
(3) Any candidates rejected may prefer an appeal to the DEO education against the order of the Returning within two days of thepresentation of the appeal, give his decision thereon and immediatelycommunicate the decision to the Returning officer. The decision of the Director of Education shall be final.
(10) Withdrawal of candidature :
(1) Any candidate may withdraw his candidature by a notice in writingsubscribed by him and delivered to the Returning officer between 11 A.M. to 3P.M. of any day not later then three days of the completion of the scrutiny ofnomination under rule 10. such notice may be delivered either by the candidatein person or by person authorised in writing by him in that behalf. Any notice of withdrawal which is given after expiry of the said periodshall have no effect.
(2) No person who has given a notice of withdrawal of his candidature undersub-rule (1) shall be allowed cancel the notice.
(11) On the expiry of the period allowed under rule for the withdrawal ofcandidature, the Returning Officer shall prepare under his signature a list ofall contesting candidates and cause it to be posted up at such place or placesas he may determine, at least 7 days before the date appointed for recording ofvotes.
(12) Death of Candidate before poll:
If a contesting candidate dies and the report of his death is received before the commencementof the poll, the Returning Officer shall, upon being satisfied of the fact ofthe death of a candidate, counter mand the poll and report the fact to the Director of the Education and all proceedings with reference to the electionshall be commenced anew in all respects as if it were a new election. Provided that no further nomination shall be necessary in the case of aperson, if he was a contesting at the time of countermanding of the poll. Provided further that a person who has given a notice of withdrawal ofhis candidate are under rule 11 before countermanding of the poll shall beeligible for being nominated as a candidate for the election after such countermanding.
(13) Uncontested Election:
Where the numberof contesting candidates is equal to the number of seats to be filled, theReturning Officer shall declare the contesting candidates to be duly electedwithout any votes being taken.
(14) Form of Ballot paper:
The Ballot papershall be in form - B and shall contain the names of all candidates in alphabetical order.
(15) Election material and Ballot Boxes :
(1) On the day immediately preceding the day fixed for the poll, each of thepresiding officers shall be supplied with a ballot box with an aperture for thereceipt of ballot paper, a coup of the section of voters' list pertaining to his polling station, ballot papers serially numbered in foil and counterfoils at therate of one ballot paper for each in the list of voters and such other materialsas may be necessary for the purpose of polling.
(2) Before the commencement of the poll; the presiding officer shall showempty ballot box to such candidates or their agents as may be present at thepolling station and shall then lock it and seal it in such a manner as toprevent it being opened without breaking the seal.
(16) On the day of election, every presiding officer shall admit to thepolling booth at which he presides, besides the candidates and their agents,only boters and such persons, if any, as may be admissible under the directiongiven by the Returning Officer in this behalf.
(17) Voters to attend polling station.
A voter desirousof recording his vote shall remain present, for the purpose, at the pollingstation on such date and between such hours as have been appointed by theReturning Officer in this behalf.
(18) Recording of votes :
Votes shall berecorded in accordance with the following provisions, namely -
(1) there shall be no voting by proxy;
(2) before a ballot paper is delivered to an intending voter, his name andhis number in the list of voters shall be called out so that all present therecan here it;
(3) In case where-
(i) No objection has been raised, after taking the voter's signature or markon the counterfoil, endorsing the paper across the junction of foil andcounterfoil with a seal and initialing the counterfoil, the polling officershall give the foil to the voter and admit him to the polling room:
(ii) objections are raised by candidates and their agents, the presidingofficer shall dispose of suchobjections and when satisfied that the intending voter is entitled to vote andhas not yet voted, shall direct the polling officer to give the foil of theballot paper to him after taking his signature or mark on the counterfoil,endorsing the paper across the junction of foil and counterfoil and initiatingthe counterfoil. the votershall then be admitted to the polling room. The Presiding Officer shall initialthe foil of the ballot paper of the voter in respect of whom objection has beenraised;
(4) (iv) the votershall for each vote he gives, mark a cross (x) in column under the heading"Cross of the ballot paper against the name of the candidate to whom heintends to give a vote, he shall then fold up the marked paper so as to concealthe marking and shall put the paper so folded into the ballot box and withoutundue delay leave the polling room ;
(5) (v) at therequest of a voter who through blindness or any other cause is physicallyincapable of recording his vote by himself, the presiding Officer shallaccompany him into the polling booth and in accordance with the wishes of thevoter shall record the vote for the voter;
(6) (vi) notballot paper shall be issued to any voter after the hour fixed for the closingof the poll, except to those Who are present at the polling station at the timeof the closing of the poll. These voters shall be allowed to record their voteseven after the poll closes.
(19) Duties ofpresiding and other polling Officers:
It shall be theduty of the officers and their assistants to see that votes are recorded withabsolute secrecy, that only such persons, as may be admitted to the polling bothunder these rules, are admitted thereto and that persons who have recorded theirvotes or against whom objections have been heard and upheld, leave the boothimmediately. It shall also be their duty to see that these rules and any specialdirection given by the Returning Officer thee under are strictly observed in all respects.
(20) Returning Officer to supervise conduct of election :
The electionshall be conducted under the general supervision of the Returning Officer . The presiding officer of any polling attention, may refer a doubtfulpoint to the Returning Officer , ifpresent, at the polling station.
(21) Tendered ballot papers :
Where a personrepresenting himself to be particular voter entered in the list of votersapplies for a ballot paper after another person has voted as such voter, theapplicant shall after duly answering such questions as Presiding Officer mayask, be entitled to receive a ballot paper. The voter shall then record hisvotes in the manner. provided by rule - 19 and hand over the ballot paper to thePresiding Officer. The Presiding Officer shall write thereon the name of thevoter and his number in the list of voters and shall enclose the ballot paper inthe separate packet and seal it. Such ballot papers shall not be counted by theReturning Officer and shall betermed"Tendered ballot papers". A list shall be main tainted of theballot papers so tendered.
(22) Spoilt ballot papers :
A voter who hasdealt with the ballot paper in such a manner that it cannot conveniently be usedas ballot paper may, on delivering it to the Presiding Officer and satisfyinghim of his inadvertence, obtain another ballot paper in place of the spoilt ballot paper and the latter shall , together with its counterfoil,be marked as"cancelled"
(23) Sealing of ballot boxes etc.
(1) A Presiding officer shall, as soon as practicable, after the close of thepoll in the presence of any candidate or representative of a candidate, ifpresent, seal the aperture of ballot boxes and seal with his own seal and theseal of any candidate or representative who may desire to affix his seal, eachballot box in use at the polling station.
(2) The Presiding Officer shall then make up into separate packets of thefollowings:-
(i) the books of unused ballot papers ;
(ii) spoilt ballot papers
(iii) the tendered ballot paper ;
(iv) the marked copies of the voters' list;
(v) the books of counterfoils of the used ballot papers ; and
(vi) the tendered voters list.
He shall sealwith his own seal and the seal of any candidate or a representative of such candidate who may to affix his seal, all the packets prepared under this rule.
(3) The ballot box and the packets shall be forwarded by the PresidingOfficer to the Returning Officer orany other person appointed by the Returning Officer to take charge of them till the votes are counted and the books ofcounterfoils and used foils are destroyed under rule 33. He shall also forwardwith them a statement showing the number of ballot papers entrusted to him andaccounting for them under the following heads :-
(i) ballot papers used;
(ii) ballot papers tenders ;
(iii) ballot papers spoilt ;
(iv) ballot papers unused.
(24) Counting of Notes :-
(1) The counting of votes shall be done by and under the supervision of theReturning Officer with theassistance of such persons as he may appoint to assist in the counting of votes.
(2) On the day and at the time and place appointed under the rule - 6, forthe counting of votes, the Returning Officer shall with respect to ballot boxes used at the poll proceedas follows :-
(i) All the ballot boxes placed for counting of votes shall be counted andchecked and the Returning Officer shallsatisfy himself that all such boxes as contain the ballot papers which are to becounted at such places, have been received and accounted for.
(ii) The Returning Officer shallthem allow the candidates and their election agents and counting agents presentat the counting, an opportunity to inspect the ballot boxes and their seals forsatisfying themselves that they are in order.
(iii) If the Returning Officer issatisfied that all such ballot boxes as contain the ballot papers which are tobe counted at such place have been received and are in order, he shall take upthe counting of ballot papers contained in the ballot boxes.
(iv) After each ballot boxes is opened for counting, clearly valid ballotpapers shall be separated from invalid and doubtful ballot papers. the invalidand doubtful ballot papers shall be submitted to the Returning Officer for decision. The valid ballot papers shall thereafter be taken up forcounting and the votes recorded in favor of each candidate shall be counted withthe help of persons appointed to assist in the counting of votes.
(v) The Returning Officer shallallow the candidates and their election and counting agents who may be present,reasonable opportunity to inspect all ballot papers which in the opinion of theReturning Officer are liable to berejected but shall not allow them to handle those, or any other ballot papers.
(vi) After the counting of allballot papers contained in all the ballot papers contained in all the ballotboxes has been completed the Returning Officer shall cause such ballot papers to be sealed up in separate packets with adescription endorsed on each such packet of the ballot papers counter and theballot papers rejected.
(3) The Returning Officer shall ,as for as possible proceed ,continuouslywith the counting of the votes and shall during any intervals when the countinghas to be suspended ,keep the ballot papers, packets and other documentsrelation to the election, sealedwith his own seal and the seal of such candidates, or election or countingagents as may desire to affix their seals and shall cause adequate precautionsto be taken for its safe custody.
(4) After the counting of ballot papers contained in all the ballot boxesused at all the polling stations has been completed , the Returning Officershall prepare a consolidated statement recording there in the total number ofvotes polled, by each candidate.
(25) Ground for rejection of ballot papers:
(1) The ReturningOfficer shall reject as void any ballot paper:-
(i) If it bearsany mark or writing by which the voter can be identified.;
(ii) If no vote isrecorded thereon;
(iii) If the voterhas recorded more votes than he is entitled to;
(iv) If the markindicating the vote thereon is placed in such a manner as to make it doubtful towhich candidate the vote has been given;
(v) If it is aspurious ballot paper;
(vi) if it is sodamaged or mutilated that its identity as a genuine ballot paper cannot beestablished;
(vii) if it bears adesign different from the design of the ballot paper authorized for use at thepoll;
Provided that where the returning Officer is satisfied that any suchdefect as is mentioned in clause © has been caused by any mistake or failure onhis part or the persons working under him at the poll , the ballot paper shallno be rejected merely on the ground of such defect;
Provided further that ballotpaper shall not be rejected merely on the ground that the mark indicating thevote is indistinct or made more than once, if the instruction intention that thevote shall be for a particular candidate clearly appears from the way the paperis marked.
(2) The Returning Officer shall record on every ballot paper which he rejectsthe latter 'R' and the grounds of rejection in brief form either in his own hand or by means of a rubber stamp.
(3) All ballot papers rejectedunder this rule shall be bundled together.
(4) The decision of the ReturningOfficer as to the validity of a ballot paper contained in ballot box, shall befinal
(26) Recounting of votes:
(1) After the completion of counting a candidate or in his absence hiselection agent may apply in writing to the Returning officer for a recount of all or any of the ballot papers already counted stating the grounds on which he demands such recount.
(2) on such an application being made,the Returning Officer shall decide thematter and may allow the application in whole or in part or may reject it intoto if it appears to be frivolous or unreasonable.
(3) Every decdison of theRetuning Officer under sub rule (2) shall be in writing an contain the reasonstherefore.
(4) If the Returning Officer decides under sub -rule (2) to allow anapplication whether in whole or in part he shall
(i) (a)cont theballot papers again in accordance with his decision;
(ii) (b)amended thestatement showing the number of votes recorded referred to in sub rule(4)orrule(26)to the extent necessary after such recount and
(iii) (c)announce theamendments so made by him and the result of the elections.
(27) The Returning Officer todeclare results:-
(1) On completion of the statement showing the number of votes recorded,the Returning Officer shall declare from amongst the candidates, the candidatewho has sequred the higehest number of votes as elected.
(2) Where an equity of votes is found to exist between some candidates andthe addition of one vote would entitle any of such candidates, to be declaredelected, determination of the person to whom such as an additional vote shall bedeemed to have been given shall be made by lots ot be drawn in the presence ofthe Returning Officer and the candidates or their agents who may desire to bepresent and in such manner as the Returning Officer may determine.
(28) Publication of result ofelections:
The names of persons who have beenelected shall be published by the Board in the official gazette along with thename of person nominated:
Provided that the Returning Officer shall. before the publication of thenames of the elected candidate be competent to correct mistakes, if any in thenames of such candidates.
(29) Custody of ballot papers:
After the counting of votes is completed , the ballot papers and allother papers relatin to the election shall forthwith be sealed and kept by theReturning Officer in his custody . The ballot boxes shall be kept in suchcustody as he may direct.
(30) Production and Inspection ofelection papers:
(31) while in the custody of the Returning Officer, the packets of ballotpapers whether counted, rejected or tendered and or the counterfoils shall notbe opened and their contents shall not be inspected or produced except under theorders of a competent court.
(32) Destruction of ballot papers:
ON the expiry of one month from the date of the publication of the resultof the election ,or where the validity of an election has been challenged incompetent court , on expiry of three monts from the date of the decision of thecompetent court , the Returning Officer shall, with the previous sanction of theBoard, destroy the ballot papers including both, those in ballot ;bosses andthose in the sealed packets, and other documents relating to the election.
(33) Casual Vacancies:
The provisions of these rules shall mutates mutinies apply to a byelection provided that-
(1)no publication of lists ofvoters as provided in the case of a general election under rule -4shall benecessary in the case of by election.
(ii)the periods prescribed inrules-7,10,11,and12 may be reduced to such extent as may be determined by theReturning Officer to complete the bye -election as early as possible.
Form-A
(See Rule - 8 )
Nomination Paper
Election to the Education board.
(To be filled in by the proposer)
I,here by nominate____________________________________as a candiate.
(1) Full name of the proposer________________as a candidaate.
(2) Number of proposer in voters' list________________
(3) Name of candidate's father/husband
(4) Full postal address of the candidate_________________
(5) Number of candidate in voters' list __________
Date : ________________ Signature of proposer
(To be filled in by the candidate
I, the above mentioned candidate, assent to his nomination and hereby declare that I have completed ________years of age.
Date :- Signature of candidate
(To be filled in by the Returning Officer)
Serial No. of the nomination paper ___________
This nomination was delivered to me at my office at _________
(hours) on____________(date) by the _______________
candidate / proposer.
Date :- Returning Officer
Decision of Returning Officer accepting or rejecting the nomination paper.
c
I have examined this paper in accordance with _________and decided as follows :-
Date :- Returning Officer
Form -B
(See rule 15)
Ballot Paper
Elective to the Board
Serial Name of candidate cross
No.
1 ____________________________________________________________
2 ____________________________________________________________
3 ____________________________________________________________
4 ____________________________________________________________
etc.
Appendix - I
Regulation 27 (A) (1)
The teaching and non-teaching employees of a registered private secondary school shall be liable for penalty for any of the following reasons: -
1. Misconduct
2. Moral turpitude
3. Inefficiency
4. Malpractices in the competitive examinations conducted by the Board.
5. Taking part in political activities and elections.
Explanation : 1. Misconduct means -
(1) breach of rules and service-conditions under the Regulations.
(2) breach of the rules of service, discipline and conduct.
2. Moral turpitude means: immoral or unbecoming behaviour by any of the teaching and non-teaching employees of a registered private secondary school of Gujarat State with any girl or boy student or with any staff member of the institute or any such action as may adversely affect society.
3.Inefficiency means :-
(1) Failure in acquiring, maintaining and applying the updated information concerning the duties assigned to an employee despite repeated instructions for the same.
(2) Failure in completing the courses of the subjects assigned to him during the year and within the specified time-limit except under circumstances beyond his control.
(3) Deleted vide G.R. Education Deptt. No. 1085/2958/Chh dated 16.9.92.
(4) Any other act such as mentioned above.
(1) Lethargy, carelessness or negligence shown or malpractices committed in any examination work entrusted by the Board in respect of the public examinations being held by the Board.
27(A)(2) Penalties :
A member of teaching or non-teaching staff of a registered private secondary school shall be liable to any of the following penalties for violation of the provisions contained in the Regulation 27(A)(1) :-
(1) Warning, censure (in writing)
(2) Withholding of increments for a period not exceeding one year without future effect.
(3) Withholding of increments for a period not exceeding one year with future effect.
(4) Recovery from him or from his pay of the whole or a part of any pecuniary loss caused to school by him negligence or breach of orders.
(5) Reduction in rank (in case of non-teaching staff only).
(6) Dismissal from service which shall be a disqualification for future employment in a secondary school.
(7) Removal from service which shall not be a disqualification for future employment in a secondary school.
(8) Compulsory retirement.
27.(A)(3) Nature of Penalties :
(1) Minor Penalties : Penalties as mentioned at Nos. 1 to 4 in the Regulation 27(!)(2).
(2) Major Penalties : Penalties as mentioned at Nos. 5 to 8 in the Regulation 27(A)(2). The powers for imposing minor penalties as mentioned at Nos. 1 to 4 in the Regulation 27(A)(2) on the staff subordinate to the principal of the school shall be given by the Management to the Disciplinary Authority, after passing a resolution to that effect in the meeting of the Trustees or Executive Committee.
Explanation :- Disciplinary Authority means the Principal (First Head) of the concerned school.
27.(A)(4) Procedure for imposing minor penalties :
(1) Minor penalties may be imposed upon any of the employees of a registered private secondary school, generally for reasons such as negligence in duties assigned, unbecoming behavior with supervisor authority/colleague and disobedience of an order of Supervisor authority. The Disciplinary Authority, before imposing such penalties , shall serve show-cause notice to the concerned employee and shall require him to furnish an explanation in writing to the Disciplinary Authority within two weeks. On receipt of the written explanation received from the employee, the Disciplinary Authority, after reviewing it and hearing him in person, may pass an order with reasons, imposing minor penalty if he thinks the charge is established.
(2) The concerned employee may appeal to the concerned District Education Officer against the order (imposing the minor penalty) of the Disciplinary Authority within 30 days from the date of receipt of such order and shall inform the Management/Principal about the same. The District Education Officer concerned shall given an opportunity to the employee concerned, the Principal and the Management for personal hearing and decide the appeal within 45 days from the date of receipt of the proposal for the same and shall inform the concerned parties of his decision. If the District Education Officer is not able to decide within 45 days, the decision of the Disciplinary Authority shall be treated as final.
In the case of Principal, the aforesaid procedure for imposing minor penalties shall be followed by the Management.
27(A)(6) Procedure for imposing major penalties :
(1) Major penalties, viz. Reduction in rank, compulsory retirement, removal and dismissal from service as provided in section 36 of the Act for disobedience, negligence towards duty, misconduct, moral turpitude, malpractices committed in the Board by employees of a registered private secondary school excepting those appointed purely on temporary basis shall be imposed only after conduction of regular inquiry by the Inquiry Officer duly constituted under this Regulation.
(2) Constitution of an Inquiry Committee :
(A) Representative of the Management of the concerned school.
(B) Representative nominated by the concerned employee.
(C) A member selected by the Principal of concerned school from the panel formed for the concerned district by the Board for this purpose.
Note :- In case of Principal, a member selected by District Education Office from the panel constituted by the Board.
Explanation :- For this purpose, no legal practitioner/advocate shall be appointed as a representative.
Procedure to be followed by the Inquiry Committee :
The procedure to be followed by the Inquiry Committee shall be as under :-
(1) The Management shall serve the employee of a registered private secondary school with a show cause notice for the charges such as disobedience, negligence in duty, moral turpitude, misconduct or malpractice in the public examination held by the Board stating clearly the charges put on him in unambiguous and simple language. On receipt of such show-cause notice, the employee shall furnish his written explanation to the Management within 15 days of receiving such notice. If the employee does not accept the notice sent by registered post, it shall be deemed as accepted.
(2) The Management shall issue a written order for the appointment of an Inquiry Committee if the explanation received from the employee in response to the Management's show-cause notice is not satisfactory or the employee has failed to submit written explanation within the stipulated time-limit.
(3) The Management shall inform the employee in writing by Regd. A.D. /hand delivery to nominate his representative for constitution of an Inquiry Committee and the concerned employee shall nominate his representative and shall inform the Management by Regd. A.D./hand delivery within 15 days from the date of written intimation given to him. If the employee fails to furnish such information in writing, within the stipulated time-limit, the Management shall take it for granted that the concerned employee has no representative to nominate and may complete the formation of the Committee and the Committee so constituted shall be deemed to be lawful.
The Management shall appoint its representative within 15 days from the date of passing the resolution by it; and the concerned employee shall duly be informed about it in writing. In case of an employee, he shall select a member from the panel formed by the Board and shall intimate of the same to the Management within the period of maximum 30 days. In case of an inquiry set against the Principal, the Management shall inform the District Education Officer in writing by Regd.A.D./hand delivery for the nomination of a member from the panel formed by the Board. The Principal District Education Officer shall nominate a member upon the Inquiry Committee from the panel of the Board, within 30 days of the intimation given to him in writing.
(4) The Inquiry Committee shall within 10 days of its formation, prepare a charge-sheet against the concerned employee and send the charge-sheet along with evidences in writing to him within 15 days either by Regd. A.D./hand delivery delivery/inland letter.
(5) The Inquiry Officer then shall start in inquiry after issuing a notice of minimum 7 days under registered post to the concerned employee and the Management as well. During the proceedings of the Inquiry Committee, the concerned employee, Management or representative nominated to represent their case shall remain present. However, the proceedings of the Inquiry Committee shall be held valid even if some member of the Inquiry Committee or Management or any representative nominated to represent their case or the concerned employee does not remain present.
The Management or a representative nominated to represent the case on their behalf shall represent their case before the Inquiry Committee, which shall include the evidence, oral statements and the statements of the witnesses produced by the Management against the concerned employee. The Inquiry Committee shall record in writing those statements and evidences and as an authenticity of the same, shall take the signatures of the concerned employee and the Management or a representative nominated to represent their case. If the employee is absent, the Inquiry Committee shall conduct the further proceedings only after furnishing to him, in writing by Regd. A.D./hand delivery, the evidences, statements of witnesses and copies of Rajkam Produced during the proceedings of the inquiry.
(6) In the next meeting of the Inquiry Committee, the concerned employee may, in self-defence, cross-examine the evidences produced by the Management or the representative nominated by the Management to represent their case as also the witnesses produced by the Management and the Inquiry Committee shall record the proceedings in writing.
(7) Thereafter if the concerned employee, in self-defence is willing to produce any witness or evidence, he shall be given reasonable opportunity by the Inquiry Committee and the Management or their nominated representative may cross-examine the same.
(8) After completion of the entire proceedings of the inquiry, the Inquiry Committee shall submit, within two weeks the report of the inquiry along with the findings of inquiry in writing to the Management taking into consideration the documents, statements, evidences etc. produced during the inquiry.
(9) The Management, within one week of the receipt of the inquiry report of the Inquiry Committee, shall send a copy thereof to the concerned employee by Regd.Post/hand delivery and shall serve him with a show-cause notice stating why the proposed disciplinary action should not be taken against him.
(10) The concerned employee shall give his explanation to the show-cause notice in writing by Regd. A.D./hand delivery within 10 days from receiving the same and the Management, after receiving the explanation to the show-cause notice furnished by the employee or in case where the employee has deliberately not furnished the explanation within the specified time-limit, shall take decision about penalty to the concerned employee in the meeting of the Board of Trustees or the Executive Body, and thereafter, shall take action as per provision of the Section 36(1)(b) of the Act. The representative nominated by the Management shall be the convener of the Inquiry Committee and he shall do the entire proceedings of the Inquiry Committee. The Inquiry Committee shall complete the inquiry within 150 days from the date of the first meeting of the Inquiry Committee. If the inquiry is not completed within the prescribed time-limit, the District Education Officer may take the decision, as regards the omission by any party, as follows:
(1) If the omission on the part of the employee is found to be intentional, the inquiry may be declared as completed.
(2) If the omission on the part of the Management is found to be intentional, the inquiry may be declared as dropped.
(11) A member nominated from the panel formed by the Board, shall be the Chairman of the Inquiry Committee.
(12) If the nominated representative of either party fails to remain present because of circumstances beyond his control, the concerned party shall nominate a new representative within 15 days and inform in writing about the same.
Appendix - II
(1) Duties of Management :
(1)Management shall be responsible to see that employees of the institution get salary as per the rules and regulations of the Government, regularly and fully, even in circumstances when grant is not admissible.
(2) It shall be the responsibility of the Management to see that funds of the institute are not misused by the Management/Principal or any other employee.
(3) Management shall accept any national or State level educational policy implemented by the Government after taking into confidence all those concerned with education.
(4) Management shall ensure that the grant given by the Government is utilised fully and properly as per the rules in that regard, taking the Principal in full confidence.
(5) Management shall be vigilant to see that only competent and efficient employees having adequate qualifications prescribed by the Government are recruited.
(2) Duties of Principal :
(1) Duties with reference to educational work :
In addition to the duties of teaching personally in a class or classes as a teacher, the head of the school, shall be required to perform duties as per the instructions issued by the Government or Board from time to time.
(2) He shall be responsible for the effective education of all students of his school.
(3) He shall provide extensive guidance for planning and evaluation.
(4)He shall make suitable teaching arrangement for every class of the school, shall arrange and conduct the prescribed examinations for promoting students to higher standard according to their progress and shall also make planning for examinations to be held periodically and shall get it implemented.
(5) He shall decide the form of hand book, work book, log-bock etc.in consultation with school committee and see that they are aptly used.(constitution of school committee; Principal ,supervisor and two representatives of teachers)
(6)He shall arrange for training classes and complete them successfully.
(7)Heshall jointly accept the responsibility for poor result in the S.C.C. and H.S.C. examinations and shall make planning for improvement of results and get it implemented.
(8)If the principal /Next Head wants to make an application for getting a job in another school or elsewhere, he shall get the application forwarded through the Management.
(9)He shall make an arrangement for remedial teaching for slow learning students and special teaching arrangement for talented students to develop their talent either through class-teacher or by keeping direct contact with students themselves.
(3)Duties of Principal in respect of general administrative matters (as Regulations):
(1)He shall be responsible to the Management for smooth and effective administration subject to the rules in force.
(2)(a)He shall inspire parents for their children's regular presence in school
(b) With the help of his assistants, he shall contact the parents of children not remaining present in school,shall find out reasons for their absence or irregular presence in school and persuade them to send their children regularly to school.
(3)He shall decide the number of holidays and working days within the structured of rules and regulations prescribed by the Board and prepare the time-table of the school every year.
(4)He shall ensure that all the registers and records are maintained properly.
(5)He shall be responsible for the general co-ordination work of the school by organizing co-curricular activities including games and sports along with conducting the prescribed examinations.
(6)He shall create an atmosphere so as to inculcate in students a sense of beauty and cleanliness and shall create a suitable set up so as to cultivate among them a sense of discipline and good conduct and shall keep a watchful eye as well.
(7)He shall supervise the work of his assistants and have control over them and shall co-ordinate their work. He shall also be responsible for their satisfactory performance and discipline. If he notices any misconduct or breach of discipline by his assistants he shall bring it to the notice of the Management.
(8)He shall maintain a log-book of his work and make his assistants maintain the same.
(9)He shall at the most observe maximum two lessons of teacher every fortnight and maintain the record of it and check the log-book at different times by inspection.
(10)If he is assigned duty of an examiner, a moderator, chief moderator, paper setter, supervisor, chief conductor, associate chief conductor by Gujarat Secondary Education Board or Higher Secondary Education Board or Government in respect of S.S.C. orH.S.C. examination or any work pertaining to some other examination , he shall perform it sincerely , honestly and efficiently maintaining its secrecy.
(11)He shall make proper use of the school complex and shall have had it used properly as per the instructions of the Board/Department and will provide all necessary help for the timely conduction of various examinations in accordance with special need of the Department /Board and general need of the school.
(12)He shall provide all the information in time as required by the Board/Department , the State or Management.
(13)He shall provide all the information in time as required by the Board/Department ,the State or Management.
(14)He shall take proper care of the property of the school and ensure that school complex is neat and clean and if such property of the school is found being damaged , he shall inform the Management along with his clear observation about it.
(15)He shall be responsible for maintaining the service books of the employees of the school and making necessary entries in the same from time to time.(Management shall be responsible for maintaining service-book of the principal and for making necessary entries in it from time to time.)
(16)He shall assist the Management in preparing seniority list of school employees and maintaining the same.
(17)He shall be responsible for writing confidential reports of the employees and to inform the employees about adverse remarks against them.
(18)He shall be responsible for preparing pension cases of teacheres/employees of the school with personal attention and forward the same to the concerned officer.
(19)He shall bring to the notice of the Management of the school inadequacy if any, in respect of staff as reqired under rules or any other matter and try to remove the shortfall.
(20)He shall perform such other duties and follow / make others follow the instructions regarding education issued by board/state Government Department.
(21)On an application by a student or his guardian and on payment of the fee by him if prescribed , he shall give information from the school register or issue a school leaving certificate.
Validity of School Leaving Certificate:
(1) School leaving certificate shall be valid only if it is given in the prescribed form and bears the stamp of the school and signature of the Principal on it..
(2) In cases where there is a demand to issue school leaving certificate immediately or there are reasons therefor, a person authorised by Management and so approved by the District Education Officer, shall sign the School Leaving Certificate in absence of the Principal.
Entries regarding the School Leaving Certificate :
(22) Entries in the School Leaving Certificate shall be handwritten rather than typed. Entries regarding birth-date and the standard in which the student is studying shall be made, both in figures and words, (Leaving Certificate Page No.4 and 10). Birth-date shall be written according to Christian era. Entries regarding birth-date of the students born on 1st April, 1957 or thereafter shall be made according to new national calendar.
Entry of the Examination-result in School Leaving Certificate :
(23) If a student demands School Leaving Certificate after declaration of result of the annual examination but before he is duly promoted to higher standard at the beginning of the new academic year, an entry whether the student has been promoted to the higher standard or detained in the same standard, shall be made in the column of 'Remarks' in the School Leaving Certificate to be issued to the student.
Duties of the Principal in respect of financial matters (as Regulation).
(1) The Principal shall be responsible for all types of financial transactions of school assigned to him by the Management subject to rules in force.
(2)He shall obtain necessary permission for all types of scholarships or freeships. He shall get the bills prepared for the period concerned and forward the same to the concerned officer and make its payment/get it paid immediately on receiving the money in the school.
(3) He shall arrange for collection of fees from paying students and deposit the same in the account of any bank before the date prescribed by the Department.
(4) He shall accept the examination fees and scrutinise the application forms for SSC and HSC examination and send them so as to reach to the Secretary, Gujarat Secondary Education Board on or before the date prescribed by it. He shall keep the account of the said examination fee and send the account of the examination centres and the report of the final account to the Board within the prescribed time-limit.
(5) He shall grant increments to employees at due dates, if not withheld for specific reasons.
(6) He shall get monthly pay-bills of the school prepared and after their scrutiny sign them and send them to the Education Officer on or before the date prescribed by him for the same.
(7) He shall get the supplementary bills of the school employees prepared and after their scrutiny, sign and send them to the Education Officer on or before the date prescribed by him for the same.
(8) He shall immediately make payment of the recovery made from the pay of the employees as per the instructions of the Education Officer for recovery from pay-bill and supplementary bill.
(9) He shall get the daily account-book prepared, keep it up-to-date, sign it and be responsible for its correctness.
(10) He shall maintain non-Government accounts or get them maintained and see that they are maintained regularly day-to-day and get them sanctioned by the School Committee.
(11) He shall immediately comply with audit objections of the Department and Audit Department and give reply in that regard.
(12) He shall prepare the budget as per the rules and according to the provision of expenditure and get it sanctioned by the Management.
(4) Duties of the Supervisor (as Regulations).
Along with his duties of teaching as a teacher in his class and classes and working as per the instructions given by the Principal or the next head from time to time, he shall perform the following duties as a Supervisor :
(1) He shall assist the Principal or the next head in performing his duties in respect of the class or classes of which he is in charge.
(2) He shall maintain the log-book of the teachers working under him.
(3) He shall observe fortnightly at least one lesson of every teacher under him and keep a note thereof.
(4) He shall check the work done by the teachers put under his charge as per the instructions of the Principal or the next head and keep control over their behaviour, discipline and entire work like composition, journals, map-books, assignment works etc.
(5) He shall perform such other duties and obey such educational instructions thought necessary and given by the Principal or the next head.
(6) He shall attend orientation course and complete it successfully.
(5) Duties of teachers (as Regulations).
The teacher shall perform the following duties as per the instructions given by the Principal or the supervisor :-
(1) He shall mainly be responsible for the effective education of the students under his charge.
(2) He shall attend the school regularly and pay full attention to teaching along with the class work. He shall complete the monthly register on the last day of the respective month as per the instructions of the Principal and keep the register ready for the next month and prepare the report.
(3) He shall mark presence of students by roll-call.
(4) He shall try his best to improve the presence of students in his class and inform the parents of the students whose presence is less than minimum required presence.
(5) He shall collect the fees, if any, from the students under his charge and get the so collected amount credited as per the instructions of the Principal (according to the practice of the respective school).
(6) He shall be responsible for maintaining necessary registers and other records accurately and neatly according to the instructions of the Principal.
(7) He shall help the Principal as per his instructions in organising school activities occasionally and at times.
(8) He shall inspire students to cultivate in them the habit of tidiness and cleanliness, a sense of respect for good behaviour and of participation in activities arranged with such purpose.
(9)He shall maintain equality so that there is no discrimination due to religion, community, sex, caste, creed or upper-lower class etc. in the society.
(10) He shall make classwise and subjectwise planing for teaching at the beginning of the academic year.
(11) He shall make pre-planning of his teaching work and make a very brief note of it as follows : He shall write the log-book regularly.
(1) (i) Date (ii) Class (iii) Subject.
(2) Unit (portion) to be taught during teaching period.
(3) Special points to be stressed viz. words, phrases, proverbs, concepts, principles, equations, formulae, events etc. based on syllabus.
(4) Teaching aids for demonstration, if any.
(5) Type of home work such as written work, recitation, extra reading etc.
(12) He shall make use of available teaching aids especially while teaching Geography, History, Mathematics, Drawing etc. Science teacher shall demonstrate all the experiments and make the students do the practicals strictly according to the syllabus.
(13) He shall maintain consistency between actual planning of work and the class work and if there is any shortfall (in work done), he shall record the reason therefor in the register of the respective class at the end of the month and plan in consultation with the Principal or supervisor concerned to complete the unfinished work.
(14) He shall give weekly home work to the students with the objet that each student completes 20 weeks home work in each subject in one full year. But where the teacher is assigned with the work of a part of a subject such as only History or Geography from Social Science or only Physics or Chemistry from Natural Science etc.; he shall make proportionate decrease in the home work for such a part.
(15) He shall check the composition work of the students every alternate week and as far as possible, show them their mistakes and shall make suggestions in that regard.
(16) He shall set the question paper of the subject assigned to him for the terminal and other examinations and examine the answer books judiciously and in time as per the planning made by the Principal.
(17) Whenever he is assigned any duty as an examiner, moderator, chief moderator, paper setter, supervisor, chief conductor, Associate Chief Conductor of any other work pertaining to examination by Secondary School Certificate Examination Board, or by the Higher Secondary Education Board or by Government, he shall perform it reliably sincerely, honestly and efficiently maintaining the secrecy thereof.
(18) If he applies for service in any other school or elsewhere, he shall submit a copy of it to the Principal and may send an advance copy of it directly.
(19) He shall act as a proxy and do the class-room teaching work.
(20) He shall make entries of the purchased articles in the dead stock register and shall verify them at the end of the year and if any article requires to be written off due to its loss or some other reason, he shall submit a note to the Principal with reason therefor.
(21)He shall attend the orientation course and complete it successfully.
(22) He shall perform such other duties and shall obey other necessary instructions related to teaching, given by the Principal, the next head or the supervisor, during the time of his presence as fixed for routine working. He shall get his leave pre-sanctioned if possible, shall engage the classes regularly, be present at the prayer and work according to the instructions of the Principal.
(23) No teacher shall misuse any of the facilities provided by the school while presenting or expressing his views on education.
(24) No employee shall make use of equipments or facilities of the Institution or the Management for personal use or for commercial, political purpose.
(25) Every teacher shall remain impartial while examining answer books of the students and shall not give more or less marks intentionally or shall not victimise any student on any ground.
(26) No teacher shall run private coaching class or serve there.
(27) In case of any change of address during vacation or leave, the teacher shall invariably inform about it to the Principal, Managing Trustee or the President (to whom it may concern).
(28) His behavior with the students, employees of the institution, Principal, guardians, non-teaching staff etc. shall be polite and humble.
(1)(i) Every teacher is bound to strictly abide by the laws in force in his area regarding intoxicating drinks or drugs.
(ii) He shall take care not to be under the effect of any intoxicating drinks or drugs and his performing duties shall never be done under any effect of such intoxicating drinks or drugs.
(29) He shall do any other work assigned to him by the Head-Master, the next head.
(6) Jobchart of the clerical Staff : (as Regulations) :
(1) Duties pertaining to financial matters :
(1) School matters : To maintain account of receipts and payments.
(2) To maintain account of term-fees collected.
(3) To maintain account of development fund.
(4) To keep separate accounts of the receipts and payments in respect of recovered amount of secondary section.
(5) To collect fees, to make entry in the register, to issue receipts and maintain the account thereof.
(6) To deposit the amount with an withdraw from the bank and make the necessary scrutiny of the bills.
(7) To prepare and maintain dead stock registers.
(8) To prepare pay-bills and supplementary bills etc. and send them to the concerned officer in time.
(9) To do work pertaining to income-tax, C.D.S., C.T.D., professional tax, insurance and all other kinds of taxes.
(10) To credit the amount collected as professional tax or any other tax.
(11) To get the accounts audited.
(12) To send the statements of accounts to the Department.
(13) To make necessary preparation for auditing of accounts and get them audited.
(14) To deposit the amount of fees with the bank.
(15) To pay subscription for periodicals.
(16) To look to the matters pertaining to grant except that of salary.
(17) To purchase articles required for the school as per instructions of the Principal.
(18) To do all the work pertaining to pay fixation and pension of all the employees.
(19) To prepare budget-estimates in consultation with the Principal and to follow the same.
(2) Jobchart of the clerical staff with reference to the teaching staff (as
Regulations) :-
(1) To furnish information regarding the teaching staff to the Department.
(2) To prepare their service-books and leave-accounts.
(3) To prepare their pay-bills and to obtain their signatures and counter-signatures.
(4) To make entries in their service-books from time to time and obtain their signatures against those entries.
(5) To maintain accounts of their Provident Fund.
(6) To forward applications for sanctioning advance/loan from Provident Fund.
(7) To prepare their appointment letters.
(8) To prepare statements of their pension papers..
(9) To prepare statements of their annual income.
(10) To draft memo for relieving them as per the instructions of the Principal.
(11) To get credited the amount deducted from the pay as income-tax, professional tax, C.T.D., insurance, CDS etc.
(12) To do work relating to their pay fixation.
(13) To prepare files regarding service matters of teachers.
(14) If he applies for service in any other school or elsewhere, he shall submit a copy of the application to the Principal and may send an advance copy of it directly.
(3) Other duties pertaining to the office.
(1) To draft letters to be sent to Government, Gujarat Secondary Education Board or the Management and other management/or an officer.
(2) To prepare inward-outward registers.
(3) To follow the instructions issued from time to time by the Government Department/Gujarat Secondary Education Board or any officer and to bring these instructions to the notice of teaching and non-teaching staff and students, as and when required.
(4) To prepare and type letters, pay-bills and statements.
(5) To provide essential information to guardians.
(6) To prepare muster-roll and to do work regarding claims in respect of grant other than that of the pay.
(7) To maintain subjectwise files, make entries therein and prepare a register for tuition fees and a general register of the school.
(8) To get cyclostyled necessary statements, forms of letters pertaining to school work.
(9) To do work related to the school examinations, examinations conducted by the Government, Gujarat Secondary Education Board and other examinations held for the subjects such as Hindi, English, Drawing etc.
(10) To assist the Principal in verifying the muster-roll.
(11) To perform such other duties that may be assigned to him pertaining to other offices.
(12) To attend orientation courses and complete them successfully.
(4) Duties with reference to students :
(1) General duties :
(1) To prepare School Leaving Certificates and other certificates and to do work related to true copies.
(2) To provide information related to State Transport or railway concession and other kind of concessions.
(3) To scrutinise the forms and certificates received.
(4) To make correspondence regarding sports, competitions and other activities viz. drama etc.
(5) To perform other duties assigned.
(5) Duties regarding scholarships and concessions in students fees.
(1)To distribute, collect back and scrutinise the forms regarding concessions in fees and send them in proper proforma and get them sanctioned from District Panchayat or from any other appropriate authority and thereafter to prepare the bills for the same, to send them (to Government) and inform the concerned students about the amount of the bill.
(2) Information regarding High School and Higher Secondary Scholarships. (Information about their presence shall be sent to the Department) Admissible fee concession to the children of the school employees, soldiers and freedom fighters and to the handicapped students. (To do work including correspondence regarding scholarships, preparing bills and distribution of the amount of scholarships).
Duties regarding examinations conducted by Gujarat Secondary Board and Government :
(1) To get the application forms of the regular students filled and to provide and fill in the information (as per the practice of the school).
(2) To forward those application forms, along with fees, to Government or the Gujarat Secondary Education Board or Higher Secondary Education Board (as the case may be) within the stipulated time-limit.
(3) To maintain accounts of examinations fees.
(4) To prepare office copy of the examination forms.
(5) To distribute marksheets at the time of declaration of the result.
(6) To do correspondence about the examination arrangement.
(7) To distribute certificates issued by the Government, Gujarat Secondary Education Board / Higher Secondary Education Board.
(8) To provide information about the examination to the students.
(9) To distribute admission cards (Receipts).
(10) To distribute certificates to successful students.
(11) To carefully scrutinise the applications received for rechecking of the answer books and send the applications to the Board immediately as they are received.
(12) To record the results of the examination in the General Register.
(13) To assist the Principal in issuing duplicate certificates.
(14) To assist the Principal in furnishing necessary information as and when required by the Board.
(15) To fill the application forms of private candidates and forward those forms to the Board and to do correspondence in that regard.
(16) To make correspondence regarding National Merit Scholarships.
(17) To assist the Principal in the arrangement of various examinations and he shall be responsible for efficiency and discipline in the school required under the rules for such
(18) He shall do all the procedure related to the recruitments and appointments per the instructions of the Principal.
Note :- The senior-most person (clerk) shall assist the Principal in supervising, monitoring and co-ordinating the work of non-teaching staff in case the school is having more than one post of clerk and the Principal shall assign such duties to the clerk as he thinks suitable.
Peon :
(1) He shall be on his duty in the school from one hour before opening the school till one hour after the closing.
(2) It is compulsory for him to put-on uniform prescribed by the institution.
(3) Besides doing office work, he shall keep the classes clean and be responsible for general cleanliness of the school.
(4) He shall do work relating to the post to be delivered to the office of the District Education Officer, Treasury etc. as may be assigned by the Principal.
(5) He shall arrange properly (at right place) the furniture of the institution when required.
(6) He shall do any work assigned by the Principal during local (institutional) or public examination.
He shall do other work of the school assigned by the Principal, teachers such as serving drinking water to them, bringing note books etc.
(7) If he applies for service in any other school, he shall submit a copy of the application to the Principal and may send an advance copy of it directly.
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