School Administration and Management

Right of children to Free and Compulsory education-Part II Rule 3 :Special training for purposes of the provisions of section 4 (1) The local authority shall identify,every year ,by means of survey,to be conducted by an officer notified by the State Government in this behalf ,such children who are out of school ,and shall admit them to age appropriate class.It shall ,according to the need ,organize the special training in the following manner ,namely: (a) the special training shall be based on specially designed,age appropriate learning tools and materials, approved by the academic authority, specified under section 29 of the Act; (b) such a training shall be provided in the classes held on the premises of the school ,or through the classes organized as authorized  bridge courses in safe residential facility,at time other than normal school hours; (c) such training shall be imparted preferably by teachers working in the school, or by teachers appointed specially for that purposes; (d)

Definitions- Rule 2 - MEPS (a) " Act " means the Maharashtra Employees of Private Schools ( Conditions of Service ) regulation Act 1977 ( Mah .III of 1978 ) (b) " aided school " means a school which receives grant -in -aid either from Government or a local authority,but does not include a Primary school recognized by the Municipal Corporation of Greater Bombay; (c) " Chief Executive Officer " means the Secretary,Trustee,Correspondent or a person by whatever name called who is empowered to execute the decisions taken by the Management. ( d) " Directorate" means the Directorate of education or ,as the case may be,the Directorate of Technical Education,Maharashtra State (e) " Education Officer"  (i) in relation to a private secondary or higher secondary school or Junior college of Education in Greater Bombay,means an Educational Inspector, (ii) in relation to a private primary school in the areas of any Municipal Corporation or Municipal C

35. Conditions of suspension.- (1) In cases where the Management desires to suspend an employee, he shall be suspended only with the prior approval of the appropriate authority mentioned in rule 33. (2) The period of suspension shall not exceed four months except with the prior permission of such appropriate authority.  (3) In cases where the employee is suspended with prior approval, he shall be paid subsistence allowance under the scheme of payment through co operative bank for a period of four months only and thereafter , the payment shall be made by the management concerned.  (4) In case where the employee is suspended by the management without obtaining prior approval of the appropriate authority as aforesaid, the payment of subsistence allowance even during the first four months of suspension and for further period thereafter till date completion of inquiry shall be made by the management itself. (5) The subsistence allowance shall not be withheld except in cases of breach of pro

34. Payment of subsistence allowance.- (1) (a) A subsistence allowance at an amount equal to the leave salary which the employee would have drawn if he had been on leave on half pay and in addition, Dearness allowance based on such leave salary shall be payable to the employee under suspension.  (b) Where the period of suspension exceeds 4 months, the authority which made or is deemed to have made the order of suspension shall be competent to vary the amount of subsistence allowance for any period subsequent to the period of the time first 4 months as follows, namely:-  (i) The amount of subsistence allowance may be increased by a suitable amount not exceeding 50 per cent of the subsistence allowance admissible during the period of first 4 months, if in the opinion of the said authority, the period of suspension has been prolonged for reasons, to be recorded in writing, no directly attributable to the employee.  (ii) The amount of subsistence allowance may be reduced by a suitable amou

33. Procedure for inflicting major penalties.- (1) If an employee is alleged to be guilty of misconduct or misbehavior of a serious nature and if there is reasons to believe that in the event of the guilt being proved against him, he is likely to be reduced in rank or removed from service, the management shall first decide whether to hold an inquiry and also to place the employee under suspension and if it decides to suspend the employee, it shall authorize the Chief suspension and if it decides to suspend the employee, it shall authorize the Chief Executive Officer to do so after obtaining the permission of the Education Officer or, in the case of the Junior College of Education and Technical High Schools, of the Deputy Director. Suspension shall not be ordered unless there is a prim facile case for his removal or there is reason to believe that his continuance in active service is likely to cause embarrassment or to hamper the investigation of the case. If the management decides to s

32. Procedure for imposing minor penalties.-  The minor penalties may be imposed for lapse on the part of the employees such as delay in disposal of assignments, negligence of duty, insubordination, disobedience of orders of superiors and other misconduct or misbehavior of similar nature. Before finally imposing any punishment as contemplated in this rule, the employee concerned shall be given in writing an opportunity to explain within two weeks why he should not, for good and sufficient reasons, be punished for the lapses or omission on his part. The nature and quantum of punishment. If any to be imposed on him shall be decided after considering the explanation, if any, given by the employee.

31. Classification of penalties.- The penalties shall be classified into minor and major penalties as under:- (1) minor penalties- (i) reprimand, (ii) warning, (iii) censure, (iv) withholding of an increment for a period not exceeding one year,  (v) recovery from pay or such other amount as may be due to him of the whole or part of any pecuniary loss caused to the Institution by negligence or breach of orders.  (2) Major penalties- (i) reduction in rank,  (ii) termination of service. 

30. Imposition of penalty of withholding of increment.- When an increment of an employee is withheld, the authority imposing the punishment shall specifically mention in its order- (a) the period for which it is withheld, and  (b) whether the period for which the increment is withheld shall be exclusive of the leave (except casual leave) taken during the period. 

29. Penalties.-  Without prejudice to the provisions of these rules, any employee guilty of misconduct, moral turpitude, willful and persistent neglect of duty and incompetence, as specified in rule 28, shall be liable for any of the following penalties, namely:-\ (1) warning, reprimand or censure. (2) withholding of an increment for a period not exceeding one year. (3) recovery from pay or from such other amount as may be due to him of the whole or part of any pecuniary loss cause d to the institution by negligence or breach of orders. (4) reduction of rank. (5) termination of service: Provided that, an employee of a private school aggrieved with the decision of imposing a minor penalty as specified in clause (1) of rule 31 may prefer an appeal to the deputy director of the region concerned within 45 days from the date receipt of the order of punishment.

28. Removal or Termination of Service.- (1) The services of a temporary employee other than on probation may be terminated by the management at any time without assigning any reason after giving one calendar month 's notice or by paying one month's salary (pay and allowances, if any) in lieu of notice.  In the case of an employee entitled to vacation, the notice shall not be given =during the vacation or so as to cover any part of the vacation or within one month after vacation  (2) Subject to the provisional of sub-rule (3), the services of an permanent employee may be terminated by the management on giving compensation equal to six months' emoluments (pay and allowances) in case he has put in less than 10 years' service and 12 months' emoluments (pay and allowances), if he has put in service of 10 years or more, in the following circumstances, namely:- Immodest or immoral behavior with a female or male student or employee or such other action involving moral turpi

27. Principles of Termination of Service in the event of retrenchment.-  While terminating the services of employees under the preceding rule, the following principles shall also be observed: namely- (a) In the case of reduction in the number of classes at the High School stage, i.e., standard VIII to X, the services of the junior-most teacher in the category of trained graduates shall be terminated. (b) In the case of reduction in the number of classes at the middle school stage, i.e., standards V to VII the services of the junior-most teacher in the category of trained undergraduates shall be terminated.  (c) If there are some teachers who entered the services as (i) untrained Matric/S.S.C. or (ii) Matric/S.S.C., S.T.C. or its equivalent and changed their category on improving qualification as (i) untrained graduate or (ii) trained graduate, respectively and if the situation demands that their services are required to be terminated under rule 26, they shall be given option either to

26. Retrenchment on account of abolition of posts.- (1) The services of a permanent employee may be terminated by the Management after giving him 3 notice or 3 months pay (together with allowances) in lieu of notice, on the following ground, namely:- (i) Reduction of establishment owing to reduction in the number of classes of divisions,  (ii) Fall in the number of pupils resulting in reduction of establishment.  (iii) Change in the curriculum affecting the number of certain category of teachers. (iv) Closure of a course of studies or of the school itself.  (v) Any other bonafide reason of similar nature. (2) Termination of services under sub-rule (1) above shall be subject to the following conditions, namely: (i) The principal of seniority shall ordinarily be observed.  (ii) Prior approval of the Education officer or in the case of the junior college of education the Deputy Director shall be obtained by the management in each and every case of retrenchment including cases in which the

25. Obtaining Higher or Additional Qualification.- (1) An employee other than the Head shall obtain previous permission of the Head and the head shall obtain than the Head and the Head shall obtain previous permission of the Management in case he intends to obtain higher or additional qualifications by joining courses for which regular attendance is necessary. In other cases shall intimate the Head or the Management. The Head or Management may grant such permission provided the normal work of the School does not suffer. The employee so permitted provided the normal work of the School does not suffer. The employee so permitted cannot claim as a matter of right any kind of leave for the preparation of examination for obtaining such qualification. He shall however, be eligible to get leave due and admissible to him for the purpose of appearing for the examination including the period required for journey, if any, for that purpose.  (2) The provisions of sub-rule (1) shall not apply in the

24.Submission of representations: (1) Representation from an employee in connection with his employment or his school to the Management or to the Department shall be addressed through the Head.He may, if he so desires, however address an advance copy of his representation to the authorities.The receipt of the representation shall be acknowledged by the Head.  (2) Representation by the Head of a school to the Department shall be routed through the Management. (3) The Head f management, as the case may be, shall take final decision on the representation addressed by an employee to him or it within a fortnight from the receipt thereof. If the representation has been addressed to the Departmental authorities, the Head or management, as the case may be, shall forward the same to the Departmental authorities to whom it is addressed, within 15 days from the date of receipt thereof with his or its remarks under intimation to the employee concerned failing which the authority to whom the repres

23.Private Tuition: (1)Full time Teaching Staff- (a) A Head shall not undertake private tut ions or any part time job with remuneration excepting the following items of work,namely :- (i) Working as a guide for post graduate research ( with the approval of University) (ii) Working as apart time Lecturer in a college or in post-graduate Department of Universities. (iii) Any other educational work of a small nature which does not interfere with his regular work and which shall be undertaken only with prior written permission of the Management. (b) A teacher shall not do private tuition for more than two hours a day or teach more than five pupils during the whole period of tuition in the day.The expression " five pupils" means same five pupils and not batches of pupils.Day school teachers working in Night Schools may work for full duration of the Night Schools instead of two hours as mentioned in this rule provided they do not undertake private tut ions. (c) A teacher shall not

22.Duties and Code Of Conduct: (1) The duties of Head,Assistant Head, Supervisor,teachers and non teaching staff ( clerks) shall be as specified in Schedule " I"  (2) All teachers and employees shall observe the following Code of Conduct namely: (a) An employee shall treat all students without discrimination on political ground or for reasons of race , religion, caste, language or sex or any other reason of arbitrary or personal nature and shall refrain from instigating students against other students or other employees or school administration. (b) A teacher shall not misuse the facilities of the school while exercising freedom of academic thought or expression. (c) An employee shall not make use of the resources and facilities of the institution or Management for his personal use for commercial,political or religious purpose. (d) A teacher shall be impartial in assessment of students and shall not deliberately over mark or under mark or victimize students on any ground. (e)

21.Work Load (1) A full time teacher shall be present on the school premises during the working hours of the school up to 30 hours a week exclusive of daily recesses according to the requirement of the school. (2) A full time teacher in a Secondary School or Junior college or Junior College of Education who is teaching in classes with an average enrollment of 30 or less number of pupils shall do actual teaching work for 19 hours per week.A teacher who is teaching in classes with an average enrollment from 31 to 50 pupils shall do actual teaching work for 18 hours per week.A teacher who is teaching in classes with an average enrollment of more than 50 pupils shall do actual teaching work for 17 hours per week. Note 1- All work provided in the time table should be spread over within the respective hours of work specified in this sub -rule. Note 2- A teacher shall,as far as possible, be full load of 17 to 19 hours of teaching work according to the enrollment of the classes in the timetabl

20. Provident Fund.-  (1) every employee (not being an employee who has opted for pension) of an aided or unaided school working on a full time basis or every employees employed on part-time basis in more than one school run by the same management and doing full-time load of work in these schools, shall subscribe to the Contributory provident fund under the contributory provident fund rules (Bombay) as in force from time to time.  (2) Every employee of an aided private secondary school working on a full time basis who was appointed before the 1st April 1966 and who had exercised in writing his option for a contributory provident fund scheme shall subscribe to that fund as per rules made by government and are in force in this behalf.

19. Pension-  An employee of an aided secondary school and aided Junior College of Education working on full time basis and retiring on or after the 1st April 1966 and an employee of an aided primary school working on full time basis and retiring on or after the 1st April 1979 but who have opted for pension and the employee appointed on or after the above mentioned respective dates shall be eligible for pension at the rates and in accordance with the rules as are sanctioned by Government specifically to the employees of private schools. 

17. Superannuation and re-employment.- (1) An employee, other than Class IV employee, shall retire from service on the date on which he attains the age of 58 years and under no circumstances he shall be granted an extension in service beyond that age. The age of superannuation of a lower grade employee shall be 60 years: Provided that, a teacher or a head of recognized private secondary school in the Vidarrbha Region of the State who was permanent in service on the 31st December 1965, irrespective whether he continues to serve in the same school or has joined some other school in the Vidarbha Region, shall retire on the date on which he attains teh age of 60 years.   Note.- If the date of superannuation of an employee happens to fall in the middle of the month, he shall be continued in service till the last day of the month in which the date of his superannuation falls.  (2) A teacher or head who attains the age of superannuation in the middle of either of the two academic terms and if

(11)  Half pay leave  to the extent of 20 days for private reasons or on medical certificate may be granted for each completed year of service. No leave may be granted under this rule unless the authority competent to sanction the leave certificates that the employee shall return to duty on its expiry.  

SCHEDULE ‘E’ [See rule 11] Form of Service Book   (1) Name ____________________________________________________________ (2) Caste with sub-caste (only on case of Persons belonging to backward classes) ___________________________________   (3) Residence  __________________________________________________________ (4) Father’s name and residence ___________________________________________ (5) Date of Birth by the Christian era as Nearly as can be ascertained. (Correctness To be verified from Birth registration Certificate/or school leaving certificate) _______________________________________ (6) Date of medical examination after Appointment and result of such examination __________________________________ (7) Exact height by measurement ____________________________________________ (8) Personal marks for identification __________________________________________ (9) Educational qualifications (to be Verified from original certificates) ___________________