Bihar Municipal Body Secondary And Senior Secondary School Service (appointment, Promotion, Transfer, Disciplinary Proceeding And Service Conditions) Rules, 2020, India-legitquest

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BIHAR MUNICIPAL BODY SECONDARY AND SENIOR SECONDARY SCHOOL SERVICE (APPOINTMENT, PROMOTION, TRANSFER, DISCIPLINARY PROCEEDING AND SERVICE CONDITIONS) RULES, 2020

PREAMBLE

In exercise of power conferred under Section 243 Ba (12th Schedule) of the Constitution of India and Section 45, 47(4) and 419 of the Bihar Municipal Act, 2007 the Governor of Bihar hereby makes the following Rules for appointment/promotion and service conditions of Teacher/Librarian/Head Master working in Government, Nationalized, Project Girls and upgraded secondary/Senior secondary schools situated in urban area:-

Rule - 1. Preamble.

The State Government is resolute for the expansion and strengthening of the Secondary and Senior Secondary Schools in the State. For this, the Government has resolved in the year 2006, in the light of the 73rd and 74th Amendment of the Constitution of India, to decentralize the appointment of teachers of the Secondary and Senior Secondary Schools, consequently has entrusted the responsibility of appointment/promotion of teachers and Librarian working in secondary/Senior secondary schools situated in rural areas to Municipal Corporation. Therefore, in order to achieve the objective of improving the appointment procedure and service conditions of teachers and librarians, these rules are being framed.

Rule - 2. Short Title, Extend and Commencement.

(a) These Rules shall be called the "Bihar Municipal Body Secondary and Senior Secondary School Service (Appointment, Promotion, Transfer, Disciplinary Proceeding and Service Conditions) Rules, 2020".

(b) It shall extend to the whole of the State of Bihar.

Rule - 3. Definitions.

In these Rules, unless there is anything repugnant in the subject or context-

(i) "Government" means Bihar Government;

(ii) "Administrative Department" means the Education Department;

(iii) "Secondary Schools" means, Government/Nationalized/Project Girls Secondary/Upgraded Secondary Schools imparting education up to Class 10.

(iv) "Senior Secondary Schools" means, Government/Nationalized/Project Girls Senior Secondary/Upgraded Senior Secondary Schools imparting education up to Class 12.

(v) "Municipal Body" means, Municipal Corporation, Municipal Council and Nagar Panchayat constituted under Bihar Municipal Act, 2007 for urban areas.

(vi) "Cadre" means, Cadre of Teacher and Head Master, appointed under the jurisdiction of Municipal Body as per the provision of this Rule.

(vii) "Appointing Authority" means, the Committee constituted for preparation of panel under this Rule, competent to directly appoint/promote teacher, Librarian and Head Master.

(viii) "Disciplinary Authority" means, the committee, constituted to appoint/promote teacher, Librarian and Head Master under this Rule, which is competent to conduct disciplinary proceeding against them.

(ix) "Appellate Authority" means, 'District Appellate Authority' constituted at the district level, to decide complaint/appeal regarding matters related with appointment of Head Master/Teacher/Librarian and matters related with their service conditions, after hearing the parities and 'State Appellate Authority' constituted at the State level to hear appeal against the order passed by the 'District Appellate Authority'.

(x) "Teacher" means,

(a) Municipal Secondary Teacher, appointed under this Rule for imparting education up to Class-10;

(b) Municipal Senior Secondary Teacher, appointed under this Rule for imparting education up to Class-12;

(xi) "Librarian" means, Librarian appointed under this Rule for management and maintenance of the books in the Library situated at Secondary School and Senior Secondary School governed under this Rule.

(xii) "Head Master" means, Head Master appointed in the Senior Secondary school governed under this Rule.

(xiii) "Non-teaching employee" means, the non-teaching employees appointed in Secondary Schools and Senior Secondary schools by the Municipal Body under different provisions of the State Government, who are not engaged in teaching work.

(xiv) "University" means, university constituted under Statute or university, recognized by University Grant Commission.

(xv) "National Council for Teacher Education" means Council, regulating the teaching and training arrangements at the national level.

(xvi) "Teacher Eligibility Test" means, eligibility test conducted for concerned candidates with respect to the appointment on the post of teachers through direct recruitment process under this Rule.

(xvii) "Librarian Eligibility Test" means, eligibility test conducted for concerned candidates with respect to the appointment on the post of librarian through direct recruitment process under this Rule.

(xviii) "Teacher Training" means, B.Ed/B.A. Ed/B.Sc Ed degree from any training institution recognized either by Central or any State Government before the enforcement of NCTE Act, 1993 or B.Ed/B.A. Ed/B.Sc Ed degree from any training institution recognized by NCTE after the enforcement of NCTE Act or B.Ed/B.A. Ed/B.Sc Ed degree from any training institution recognized by those State/Union Territory where NCTE Act is not enforced.

Rule - 4. Constitution of Cadre.

Following are the cadre constitution of appointed teachers under Municipal Body:-

(i) Municipal Secondary Teacher;

(ii) Municipal Senior Secondary Teacher;

(iii) Head Master

Rule - 5. Direct appointment shall be made to all the post of Municipal Secondary Teacher.

The minimum education qualification for direct recruitment on the post of Municipal Secondary Teacher, shall be as follows:-

(i) Should be citizen of India and a resident of Bihar State.

(ii) (a) Must be graduate/post graduate from recognized university with at least 50% marks in specified subject group. For the Scheduled Caste/Scheduled Tribe/Extremely Backward Class/Backward Class/Persons with Disabilities/women and Economically Weaker Class, 5% relaxation shall be given in the minimum required marks. The degree of 'Alim' and the degree of 'Shashtri' granted from the Bihar State Madarsa Education Board/Maulana Mazharul Haque Arabic & Persian University, Patna and Kameshwar Singh Darbhanga Sanskrit University respectively shall be treated as equivalent to the graduation.

With, graduation in Education (B.Ed) from any training institution recognized by NCTE.

Graduate/Post Graduate from recognized university with at least 45% marks in Graduation or Post Graduation in accordance with the National Council for Teacher Education)Form of application for recognition, the time limit of submission of application, determination of norms and standards for recognition of teacher education programmes and permission to start new course or training) Regulations, 2002 notified on 13.11.2002 and National Council for Teacher Education (Recognition Norms and Procedure) Regulations, 2007 notified on 10.12.2007. For the Scheduled Caste/Scheduled Tribe/Extremely Backward Class/Backward Class/Persons with Disabilities/women and Economically Weaker Class, 5% relaxation shall be given in the minimum required marks. The degree of 'Alim' and the degree of 'Shashtri' granted from the Bihar State Madarsa Education Board/Maulana Mazharul Haque Arabic & Persian University, Patna and Kameshwar Singh Darbhanga Sanskrit University respectively shall be treated as equivalent to the graduation.

With, graduation in Education (B.Ed) from any training institution recognized by NCTE.

4 years degree of B.A. Ed/B.Sc Ed from any training institution recognized by NCTE.

(b) Qualification for the post of Physical Education Teachers:-

Bachelor's degree with Physical Education as an optional subject with 50% marks. For the Scheduled Caste/Scheduled Tribe/Extremely Backward Class/Backward Class/Persons with Disabilities/women and Economically Weaker Class, 5% relaxation shall be given in the minimum required marks.

Bachelor's degree with Physical Education as an optional subject with 45% marks and participation in national or State or Inter-University competitions in sports or games or athletics recognized by Association of Indian University or Indian Olympic Association. For the Scheduled Caste/Scheduled Tribe/Extremely Backward Class/Backward Class/Persons with Disabilities/women and Economically Weaker Class, 5% relaxation shall be given in the minimum required marks.

Bachelor's degree with 45% marks and having participated in National or State or Inter-University sports or games or athletics. For the Scheduled Caste/Scheduled Tribe/Extremely Backward Class/Backward Class/Persons with Disabilities/women and Economically Weaker Class, 5% relaxation shall be given in the minimum required marks.

For deputed in-service candidates (i.e. trained Physical Education Teachers/Coaches)Graduation with 45% marks. For the Scheduled Caste/Scheduled Tribe/Extremely Backward Class/Backward Class/Persons with Disabilities/women and Economically Weaker Class, 5% relaxation shall be given in the minimum required marks. With at least 3 years of teaching experience as per National Council for Teacher Education (Recognition Norms & Procedure) Regulations, 2009.

Graduate in Physical Education with 45% marks. For the Scheduled Caste/Scheduled Tribe/Extremely Backward Class/Backward Class/Persons with Disabilities/women and Economically Weaker Class, 5% relaxation shall be given in the minimum required marks.

Graduate with Physical Education as an optional subject with 40% marks. For the Scheduled Caste/Scheduled Tribe/Extremely Backward Class/Backward Class/Persons with Disabilities/women and Economically Weaker Class, 5% relaxation shall be given in the minimum required marks.

Graduate who participated school, inter-Collegiate in sports/games or passed NCC 'C' Certificate in accordance with the National Council for Teacher Education (Recognition Norms and Procedure) Regulations, 2007 notified on 10.12.2007.

Graduate in Physical Education i.e. B.P.Ed course (or its equivalent) of 3 years duration.

Graduate having represented State/University in sports/athletics.

Graduate who has secured 1st, 2nd or 3rd position in Inter-Collegiate sports/games/tournaments possessing NCC 'C' Certificate or passed basic course in Adventure Sports.

Graduate with one year programme in Sports, Science, Sports Management, Sports Coaching, Yoga, Olympic Education, Sports Journalism etc. (in accordance with the National Council for Teacher Education (Form of application for recognizing, the time limit of submission of application, determination of norms and standards for recognition of teacher education programmes and permission to start new course for training) Regulations, 2002 notified on 13.11.2002.

Bachelor of Physical Education (B.P. Ed.) of at least one year duration (or its equivalent) from any National Council for Teacher Education recognized institution.

(i) Graduate (or its equivalent) in Sanskrit/Farsi/Arabic from recognized university or recognized Board/Samiti with at least 45% marks. For the Scheduled Caste/Scheduled Tribe/Extremely Backward Class/Backward Class/Persons with Disabilities/women and Economically Weaker Class, 5% relaxation shall be given in the minimum required marks.

(ii) Graduate in Education (B.Ed) from any training institution recognized by NCTE.

(d) Qualification for the post of Music/Fine Arts.

Graduate (or its equivalent) in Music/Fine Arts from recognized university or recognized Board/Institute with at least 45% marks. For the Scheduled Caste/Scheduled Tribe/Extremely Backward Class/Backward Class/Persons with Disabilities/women and Economically Weaker Class, 5% relaxation shall be given in the minimum required marks.

(iii) Qualified in the 'Teacher Eligibility Test' conducted by the Bihar Government.

(iv) Age.

The minimum age for employment shall be 21 years on 1st of August of the appointing year and the maximum age for each category shall be the same as notified by the State Government (General Administration Department) from time to time. The relaxation in the maximum age shall be determined by the Administrative Department after getting the approval from the General Administration Department.

Rule - 6. Direct appointment shall be made to all the post of Municipal Librarian.

The minimum education qualification for direct recruitment on the post of Municipal Librarian, shall be as follows:-

(i) Should be citizen of India and a resident of Bihar State.

(ii) Graduate from recognized university with at least 45% marks. For the Scheduled Caste/Scheduled Tribe/Extremely Backward Class/Backward Class/Persons with Disabilities/women and Economically Weaker Class, 5% relaxation shall be given in the minimum required marks.

The degree of 'Alim' and the degree of 'Shashtri' granted from the Bihar State Madarsa Education Board/Maulana Mazharul Haque Arabic & Persian University, Patna and Kameshwar Singh Darbhanga Sanskrit University respectively shall be treated as equivalent to the graduation.

(iii) Graduate in Library Science from recognized university.

(iv) Qualified in Librarian Eligibility Test conducted by the State Government.

(v) Age.

The minimum age for employment as Librarian shall be 21 years on 1st of August of the appointing year and the maximum age for each category shall be the same as notified by the State Government (General Administration Department) from time to time. The other relaxation in the maximum age shall be determined by the Administrative Department after getting the approval from the General Administration Department.

Rule - 7. Fifty Percent (50%) posts in the grade of Municipal Senior Secondary Teachers shall be filled by promotion whereas rest 50% shall be filled by direct recruitment.

(1) The minimum education qualification for direct recruitment on the post of Municipal Senior Secondary Teacher, shall be as follows:-

(i) Should be citizen of India and a resident of Bihar State.

(ii) (a) Must be post graduate from recognized university with at least 50% marks in specified subject. For the Scheduled Caste/Scheduled Tribe/Extremely Backward Class/Backward Class/Persons with Disabilities/women and Economically Weaker Class, 5% relaxation shall be given in the minimum required marks. The degree of 'Alim' and the degree of 'Shashtri' granted from the Bihar State Madarsa Education Board/Maulana Mazharul Haque Arabic & Persian University, Patna and Kameshwar Singh Darbhanga Sanskrit University respectively shall be treated as equivalent to the graduation. With, graduation in Education (B.Ed/B.A. Ed/B.Sc Ed) from any training institution recognized by NCTE.

Post Graduate with at least 45% marks from recognized university in accordance with the National Council for Teacher Education (form of application for recognition, the time limit of submission of application, determination of norms and standards for recognition of teacher education programmes and permission to start new course or training) Regulations, 2002, notified on 13.11.2002 and National Council for Teacher Education (Recognition Norms and Procedure) Regulations, 2007 notified on 10.12.2007. For the Scheduled Caste/Scheduled Tribe/Extremely Backward Class/Backward Class/Persons with Disabilities/women and Economically Weaker Class, 5% relaxation shall be given in the minimum required marks. The degree of 'Alim' and the degree of 'Shashtri' granted from the Bihar State Madarsa Education Board/Maulana Mazharul Haque Arabic & Persian University, Patna and Kameshwar Singh Darbhanga Sanskrit University respectively shall be treated as equivalent to the graduation. With, graduation in Education (B.Ed/B.A. Ed/B.Sc Ed) from any training institution recognized by NCTE.

(b) It shall be essential to have Post Graduate (or its equivalent) degree in the specified subject for appointment on the post of Computer Teacher and Music Teacher. It shall not be necessary to have B.Ed/B.A. Ed/B.Sc Ed degree for appointment in these posts.

The posts of Agriculture subject has been created in marked Senior Secondary Schools (for students of 11th and 12th). It shall be essential to have graduate degree in Agriculture/Horticulture and Post graduate in any of the following subjects: Agronomy/Plant Breeding & Genetics/Entomology/Plant Pathology/Seed Science & Technology/Soil Science/Horticulture. It shall not be necessary to have B.Ed/B.A. Ed/B.Sc Ed degree for appointment in these posts.

(iii) Qualified in Teacher Eligibility Test conducted by the State Government.

(iv) Age.

(2) The minimum education qualification for being eligible for consideration of promotion on the rest 50% post of Municipal Senior Secondary Teacher, shall be as follows:-

(i) Minimum 04 years of continuous service from the date of joining on the post of Municipal Secondary Teacher or from the date of acquiring of training qualification (B.Ed/B.A. Ed/B.Sc Ed), whichever is later.

(ii) Post Graduate in one of the subject from the subject group in which graduation has been done with at least 45% marks from recognized university. For the Scheduled Caste/Scheduled Tribe/Extremely Backward Class/Backward Class/Persons with Disabilities & women, 5% relaxation shall be given in the minimum required marks.

(iii) Qualified in Assessment(Efficiency Test)/Teacher Eligibility Test.

(iv) As directed Cleanliness Certificate of three years prior to the year of promotion.

Rule - 8. All posts of Head Master shall be filled by promotion, for which following qualification shall be necessary.

(i) Minimum 10 years of continuous service from the date of joining on the post of Municipal Secondary Teacher or from the date of acquiring of training qualification (B.Ed/B.A. Ed/B.Sc Ed), whichever is later.

Minimum 06 years of continuous service from the date of joining on the post of Municipal Senior Secondary Teacher or from the date of acquiring of training qualification (B.Ed/B.A. Ed/B.Sc Ed), whichever is later.

(ii) Post Graduate with at least 45% marks from recognized university. For the Scheduled Caste/Scheduled Tribe/Extremely Backward Class/Backward Class/Persons with Disabilities & women, 5% relaxation shall be given in the minimum required marks.

(iii) Qualified in Assessment (Efficiency Test)/Teacher Eligibility Test.

(iv) As directed. Cleanliness Certificate of three years prior to the year of promotion.

Rule - 9. Reservation.

(i) The rules of reservation applicable in the direct recruitment under State Government by the General Administration Department shall be applicable in the direct recruitment under Municipal Body. Similarly, the rules of reservation applicable in the promotion under the State Government shall be applicable in the promotion under Municipal Body.

(ii) (a) The appointment of Municipal Secondary/Municipal Senior Secondary Teacher shall be made as per the district level subject wise roaster of reservation.

(b) The appointment of Municipal Librarian shall be made as per district level roaster of reservation.

(iii) The concerned Regional Deputy Director of Education shall clear the roaster of reservation in connection with Municipal Secondary/Senior Secondary Teacher and Librarian.

(iv) Similarly, the concerned Regional Deputy Director of Education shall clear the roaster point of reservation in connection with promotional post.

Rule - 10. Procedure of Appointment.

(i) The State Government, through District Education Officer shall communicate the number of vacancies in the direct recruitment on the post of Municipal Secondary Teacher/Senior Secondary Teacher/Librarian.

(ii) As per schedule, fixed by the State Government, the concerned "Municipal Body" shall publish subject wise, category wise vacant posts of Teachers and Librarian in Government, Nationalized, Project Girls and upgraded secondary/Senior secondary schools situated under the jurisdiction of the concerned "Municipal Body" i.e. Nagar Panchayat/Municipal Council/Municipal Corporation through the member secretary of the concerned Municipal Body for a minimum of 30 (Thirty) days. A copy of the said notice shall also be displayed on the notice board of the office of the concerned District Education Officer.

(iii) The eligible candidate shall submit the application in prescribed performa, as made available from time to time, in the office of the member secretary of the concerned Municipal Body either through hand to hand or through speed post/registered post.

(iv) The appointment of the Municipal Secondary Teacher shall be on the basis of a panel. Panel shall be prepared subject wise, whose validity shall be one year from the date of publication of last panel. The panel shall be prepared on the basis of merit point in descending order. The calculation of merit point shall be done in the following manner:-

Merit Point:	Percentage of marks obtained in all subjects at the graduation level	+	Percentage of marks obtained in all subjects at the B.Ed level
	2

In those subjects, where it is not necessary to have B.Ed, the merit point shall be Percentage of marks obtained in all subjects at the graduation level. Besides having qualification of B.A. Ed/B.Sc Ed, the merit point shall be Percentage of marks obtained in all subjects at the B.A. Ed/B.Sc Ed level.

The widow of former servicemen shall be given additional weightage of 10 marks in the merit point. Similarly, 05 marks of additional weightage shall be given to those guest teachers who imparted education in Senior secondary schools for minimum of one year.

In case of obtaining similar marks, the name of the candidate whose date of birth falls earlier shall be placed above the panel. In case of similar marks and date of births, the place shall be decided on the basis of name of the candidate as per English dictionary, i.e. the name of the candidate falls earlier, as per English dictionary, shall be place above the panel. In case of similarity in this too, the place in the panel shall be determined on the basis of draw of lots.

(v) The appointment of the Municipal Senior Secondary Teacher shall be on the basis of a panel. Panel shall be prepared subject wise, whose validity shall be one year from the date of publication of last panel. The panel shall be prepared on the basis of merit point in descending order. The calculation of merit point shall be done in the following manner:-

Merit Point:	Percentage of marks obtained in all subjects at the post-graduation level	+	Percentage of marks obtained in all subjects at the B.Ed/B.A. Ed/B.Sc Ed level
	2

In those subjects, where it is not necessary to have B.Ed, the merit point shall be Percentage of marks obtained in all subjects at the Post-graduation level.

(vi) The appointment of the Municipal Librarian shall be on the basis of a panel. Panel shall be prepared subject wise, whose validity shall be one year from the date of publication of last panel. The panel shall be prepared on the basis of merit point in descending order. The calculation of merit point shall be done in the following manner:-

Merit Point:	Percentage of marks obtained in all subjects at the graduation level	+	Percentage of marks obtained in all subjects at the B.Lib level
	2

The widow of former servicemen shall be given additional weightage of 10 marks in the merit point.

(vii) Constitution of Committee for the preparation of Panel:-

The following committee shall prepare the panel on the basis of received applications:

Committee for the Nagar Panchayat/Municipal Council:-

a	Chief Councilor Nagar Panchayat/Municipal Council	President
b	One selected Member of Education Committee of Nagar Panchayat/Municipal Council (In case of male president, the selected member shall be female)	Member
c	Executive Officer, Nagar Panchayat/Municipal Council	Member Secretary
d	District Level Officer of Education Department nominated by the District Education Officer of the concerned district	Member

If any member of Schedules Caste/Scheduled Tribe are not there in the aforesaid committee, then the District Magistrate shall nominate an officer belonging to Scheduled caste/Scheduled Tribe category.

The tenure of the member selected by the Education Committee of the Nagar Panchayat/Municipal Council shall be of one year.

Note:- In case of non-constitution of the Education Committee of Nagar Panchayat/Municipal Council, one officer of the sub divisional level shall be nominated by the concerned Executive Officer, to be a member.

Committee for the Municipal Corporation:-

a	Mayor of the Municipal Corporation	President
b	One selected Member of Education Committee of Municipal Corporation (In case of male president, the selected member shall be female)	Member
c	Municipal Commissioner of Municipal Corporation	Member Secretary
d	District Level Officer of Education Department nominated by the District Education Officer of the concerned district	Member

The tenure of the member selected by the Education Committee of the Municipal Corporation shall be of one year.

Note:- In case of non-constitution of the Education Committee of Municipal Corporation, one officer of the district level shall be nominated by the concerned Municipal Commissioner, to be a member.

(viii) The panel shall be prepared jointly by the Secretary and nominated officer by the concerned District Education Officer of the Panel Preparation Committee. The Secretary of the Panel Preparation Committee shall be responsible for this purpose. The Secretary of the Panel Preparation Committee shall fix the date and place for preparation of the panel and shall take necessary help from the members. Each page of the panel shall be signed by each of the aforesaid two members. The Member Secretary shall publish the panel provisionally after getting the approval from the President of the Panel Preparation Committee. In case of non-availability of the Mayor/Chief Councilor either when the post of Mayor/Chief Councilor is vacant or he is out of headquarter, the panel shall be published provisionally after taken approval from the Deputy Mayor/Deputy Chief Councilor, who would be in charge of the Mayor/Chief Councilor.

(ix) Fifteen days' time shall be allowed for raising any objections, if any. After the rectification of the received objections, the panel shall be finalized. The finalized panel shall be approved by the Panel Preparation Committee on the basis of majority. In case of non-availability of the Mayor/Chief Councilor either when the post of Mayor/Chief Councilor is vacant or he is out of headquarter, the panel shall be published provisionally after taken approval from the Deputy Mayor/Deputy Chief Councilor, who would be in charge of the Mayor/Chief Councilor.

(x) The selection list shall be prepared on the basis of approved final panel and roaster point by the member secretary. In the selection list, maximum five times candidates may be included category wise. The candidates included in the selection list shall be called on the fixed date, time and place with their original certificates for verification of certificates. The selected candidates shall be allotted schools on the basis of Merit-cum-choice through counseling. In this, priority shall be given to Handicapped and women candidates. Consent shall be taken from the interested candidate for appointment. The claim of appointment of any selected candidate shall be cancelled automatically, in case of absence without any information.

(xi) The appointment letter (with the photograph of the candidate) of selected candidate shall be issued by the member secretary after obtaining concurrence of the panel preparation committee, as per the number of vacancies mentioned in the advertisement. The Education Department shall issue necessary guide lines so that the selected candidate may get the appointment letter in time. It shall be essential to join the school by the concerned candidate within 21 days from the date of issuance of the appointment letter otherwise his/her appointment may be terminated. The member secretary shall make available the list of the final selected list to the District Education Officer and office of the District Appellate Authority.

(xii) The Head Master of the concerned school shall accept the joining only after verification of the appointment letter from the concerned recruitment unit.

(xiii) It would be necessary to submit the health certificate issued by the Civil Surgeon-cum-Chief Medical Officer and Character/Antecedent Certificate from the competent Police Officer of the concerned district at the time of joining by a candidate.

(xiv) The administrative department will issue necessary guidelines regarding giving opportunity to the other candidates in the panel in case appointment is not made as per the advertised vacancy.

(xv) The administrative department shall make changes in the aforesaid selection process by preparing a web portal (software), in order to make the selection process more congenial to the candidates, without interfering into the autonomy of the recruitment unit.

Rule - 11. Verification of Certificates.

It would be the responsibility of the Municipal Commissioner/Executive Officer of the concerned Municipal Body to do the necessary verification of the certificate of qualification along with other certificates. On finding the certificates forges or fake, legal action shall be taken after terminating the employment and recovery of the payment made.

Rule - 12. Service Conditions.

(i) The Head master, Teacher, Librarian may remain in service up to 60 years of age.

(ii) The first two years of the service shall be of probation. During this period, in case of not following the prescribed code of conduct, the disciplinary authority may terminate the service after giving an opportunity of only one show cause.

(iii) The State Government shall give grants in aid for payment of salary etc. to the Head master, Teacher, Librarian till the respective Municipal Corporation, Municipal Council and Nagar Panchayat became competent to pay the same.

(iv) The Head master, Teacher, Librarian shall be covered under EPF scheme prospectively as embodied in 'Employees Provident Fund and Miscellaneous Provisions Act, 1952". The State Government shall make the contribution on the monthly emoluments of Rs. 15000/-.

(v) The Head master, Teacher, Librarian will be paid salary (with increment), as fixed from time to time. Those teachers, who has not qualified in the teacher eligibility test, shall be entitled for increment only after being qualified in Assessment (Efficiency Test) under the previous rules. Therefore, for yearly increment, it shall be necessary to qualify teacher eligibility test or Assessment (Efficiency Test). The allotment of grants in aid for payment of salary etc. shall be made by the Administrative Department after following the process for the same.

(vi) The inter-se seniority of the teachers shall be determined by the concerned member secretary of the recruitment unit as per the criteria prescribed by the Administration Department.

(vii) Continuity in Service.

Working Secondary Teacher, in case of appointment on Senior Secondary Teacher either in his appointing unit or other appointing unit, shall get the benefit of pay protection only, after granting the continuity of his service. This benefit shall be applicable to teachers appointed after notification of this rule. In this regard, the Administrative Department will issue detailed guide lines separately.

Rule - 13. Leave with Pay for getting the qualification of B.Ed.

Untrained teachers working under Municipal Body before the notification of this Rule will be granted leave with pay for taking training in B.Ed for two years only from the date of notification of this Rule. Those untrained teachers who are enrolled as B.Ed apprentice in the training institutes, determined by the Education Department, will also be given leave with pay. This leave, shall be sanctioned by the member secretary of the concerned Municipal Body with the condition that he/she will impart education for a minimum of five years after completion of the training (B.Ed). In case of leaving the service before completion of the said fixed period, he/she shall have to deposit the salary etc received during the training period to the government treasury. The concerned teacher shall have to furnish bond to this effect. The recoverable amount will be recovered under public demand recovery act.

Rule - 14. Promotion.

A panel shall be prepared for promotion on the post of Municipal Senior Secondary Teacher and Head Master. For this the committee constituted for appointment shall be competent authority. The Administrative Department will issue detailed guide lines in connection with promotion.

Rule - 15. Appointment on the basis of compassionate ground.

An eligible dependent of teacher/head master/clerk/peon working from earlier in District/Division/State Cadre in secondary/Senior secondary schools, teacher/librarian appointed under Municipal Body and Secondary/Senior Secondary teacher, Head Master, Librarian appointed/promoted under this Rule, may be appointed against the available vacancy of basic grade of Elementary Teacher under jurisdiction of concerned Municipal Body, on compassionate ground by the recruitment unit concerned. For this the concerned dependent shall have to furnish their consent. The appointment on compassionate ground shall be made by the recruitment unit, as per the provisions issued by the General Administration Department related with compassionate appointment. Apart from this, the Administrative Department may issue resolution in connection with appointment on compassionate ground.

Rule - 16. Transfer.

The posts of Head Master, Teacher, Librarian generally are not transferable, however with following exceptions:

(i) During the service period, the Head master, Teacher and Librarian may avail two optional transfers after completing three years of service, in his cadre/subject within the schools situated under the jurisdiction of his/her recruitment unit. There shall be difference of minimum five years in between the two optional transfers. If more than one application is received for one vacant post, then the Member Secretary of concerned recruitment unit shall take steps for transfer on the basis of inter se seniority and giving preference to handicapped head master, librarian, teacher and women head master, teacher and librarian. The approval of this action shall be given by the President of the committee constituted for the purpose of appointment.

(ii) The Member Secretary of the concerned recruitment unit shall adjust the teacher in other school situated under the recruitment unit on the basis of the report submitted by the District level officer of the Education Department, in order to remove the subject anomalies and to bring rationality in the standard ratio of teacher. The confirmation of this process shall be done by the President of the committee, constituted for appointment.

(iii) In case of proved financial irregularities, moral turpitude or other serious charges, the Member secretary of the concerned recruitment unit shall transfer head master/teacher/librarian, for one time, on administrative ground in the interest of school and students. The approval of this action shall be given by the President of the committee constituted for the purpose of appointment.

(iv) Handicapped Teacher/Librarian and Woman Teacher/Librarian may avail optional transfer for one time only against available vacancy of the corresponding post at schools situated in inter appointing unit, including inter district. Besides, male teachers/librarians may also avail mutual inter appointing unit (including inter district) transfer for one time only. In this regard, the Administrative Department will issue detailed guide line keeping in mind the reservation category, seniority etc.

Rule - 17. Maintenance of Service Book.

The Administrative Department will issue detailed guidelines with respect to maintenance of service book of secondary teacher, Senior secondary teacher, head master and librarian.

Rule - 18. Leave.

(1) Municipal Secondary/Senior Secondary Teacher, Librarian and Head master shall be eligible for the following kinds of leave:-

(i) Casual Leave:-

Casual leave upto 16 (Sixteen) days during the calendar year. This leave (along with other leave) cannot be granted for more than 10 days at a time.

(ii) Special Leave:-

Special leave upto two days in each month to women head master, women teacher and women librarian.

(iii) Maternity Leave:-

Women head master, women teacher and women librarian shall be entitled to Maternity leave upto 180 days. The benefit of maternity leave shall be restricted with first two children.

(iv) Paternity Leave:-

Male head master, teacher, librarian shall be entitled to Paternity leave upto 15 days. The benefit of paternity leave shall be restricted with first two children.

(v) Medical Leave:-

Medical leave upto 20 (twenty) days during the calendar year on the basis of the medical certificate. It will be accumulated upto maximum 120 days, during the whole service period. Out of which only upto 90 days of medical leave may be availed at a time during any calendar year. It can be prefixed of suffixed with casual leave.

(vi) Earned Leave:-

Earned leave upto 11 days during the calendar year, after serving first two years in the service, which will be accumulated upto maximum 120 days. Accumulated earned leave of more than 120 days expired automatically. The Head master is also entitled for this leave.

(vii) Study Leave:-

Maximum three years of study leave without salary is permissible to teacher and librarian. The period of this leave will not be treated as breakage in service.

This leave is permissible only after completing of minimum three years of service from the date of joining. Besides, after availing study leave, the concerned teacher/librarian shall have to work for a fixed period. The Head master is also entitled for this leave. In this regard, the Administrative Department will issue a detailed guide lines separately.

(viii) Extraordinary Leave:-

Apart from the aforesaid leaves, extraordinary leave without pay upto 30 days during the calendar year is permissible for any reason. This leave shall not be treated as breakage in service, thereafter the period of absence shall be treated as breakage in service. The service shall be terminated after absence of maximum five years. For this the concerned shall be given an opportunity by issuing a show cause and the process of termination from service shall be conducted by the committee constituted under Rule-10(vi).

(2) Grant of Leave.

All the aforesaid leave except Casual Leave and Special Leave shall be granted by the member secretary of the concerned recruitment unit on the recommendation made by the concerned head master/in charge head master. The casual leave and special leave shall be granted by the head master/in charge headmaster of the concerned school. The casual leave and special leave of head master/in charge head master of this cadre shall be granted by the member secretary of the concerned recruitment unit. The leave account of the teacher/librarian shall also be maintained properly along with their service book.

Rule - 19. Code of Conduct.

(i) Completion of the syllabus, as prescribed in easy and accessible manner by the Teacher.

(ii) Attend school on time and conduct the class as per prescribed routine.

(iii) Not to mentally and physically harass children by ensuring protection of child rights.

(iv) Not to be involved in private business either directly or indirectly.

(v) Not to take any type of intoxication.

(vi) Play an active role in eradicating social evils like child marriage and dowry system.

(vii) To follow instructions/directions given from time to time by the School Management Committee, Appointing Authority, District Magistrate and district level officers of Education Department.

(viii) To follow instructions/directions given by the Bihar School Examination Board from time to time in order to successfully conduct the annual secondary and Senior secondary examination.

(ix) Neither be a member of a political party or such organizations who take part in politics nor associated with such organization.

Rule - 20. Disciplinary Actions.

The disciplinary authority shall be competent to initiate disciplinary action against teacher, Librarian and Head Master with respect to not having allegiance with the duty, not following the laid down code of conduct and working against the interest of the student, interest of the school.

(i) The member secretary of the municipal body may suspend them in the case where the concerned is jailed or found prima facie involved in misappropriation of government money/unauthorized absence/disregard the order of senior officers. In the case of suspension or initiation of departmental proceeding, enquiry shall be made by the enquiry officer after framing of charges. The following penalties may, for good and sufficient reason, be imposed on the concerned:-

(a) Minor Penalties:-

(i) Censure;

(ii) withholding of increment (Non-cumulative/cumulative)

(b) Major Penalties:-

(i) withholding of promotion

(ii) reduction in lower post

(iii) reduction in lower scale of pay

(iv) removal from service which shall not be a disqualification for future appointment/selection.

(ii) It would be necessary to issue a show cause to the concerned before imposing minor punishment by the concerned member secretary. Before imposing minor punishment, it must be approved by the President of the recruitment unit. Before imposing major punishment, the concerned member secretary must give at least two opportunities to the concerned for submitting show cause reply. Before imposing major punishment, the same must be approved by the disciplinary authority.

(iii) During suspension, the concerned is entitled to receive a subsistence allowance an amount equal to the 50% of the basic pay.

(iv) The order of punishment shall be issued under the signature of the member secretary of the concerned recruitment unit. The order shall contain the details of facts which caused imposition of such punishment to the concerned.

(v) A show cause will be asked from the Head master, teacher, librarian when they are found absent from duty unauthorisedly during inspection made by the district administration or officers of the Education Department. In case of clarification found to be unsatisfactory, an order of cut in salary for the absence period may be issued from the concerned head master, teacher or librarian on the principal of 'no work no pay'.

Rule - 21. Action against recruitment unit.

(i) In case where the recruitment unit failed to appoint teacher/librarian as per the fixed date and selection process without any valid and sufficient reason, it will be considered as violation of its constitutional obligation and for this the responsible officer and concerned Municipal Body will be proceeded against the suitable provisions of Bihar Municipal Act, 2007.

(ii) If a complaint made against Head master, teacher or librarian at the District Magistrate or District Education Officer level is found to be true and a recommendation is made for initiation of disciplinary action against them, then the disciplinary action should be conducted within a maximum period of 60 days from the date of recommendation. Otherwise, a recommendation for taking action against the concerned disciplinary authority shall be made before the Urban Development & Housing Department, on which the concerned department shall take action expeditiously.

Rule - 22. Complain and Appeal.

The 'District Appellate Authority' constituted at the District level shall have the power to hear and decide a complaint/appeal related with appointment made under this rule and matters related with the service condition of Head master/teacher/librarian working under this Rule. The 'State Appellate Authority' shall be competent to hear appeal against the order passed by the District Appellate Authority.

Rule - 23. Miscellaneous.

(i) The Administrative Department shall explain any of the provisions of these Rules and it may solve difficulty that may arise in enforcing it.

(ii) These Rules shall not affect the salary and service conditions of the district/division cadre teachers of Government, Nationalized (including Project Girls Secondary School) Secondary and Senior Secondary and head master of State cadre appointed under the provisions of the previous Rules.

(iii) The State Government shall determine the equivalence of the degree of specified subject and different qualification, the for the purpose of appointment of subject wise teachers.

Rule - 24. Repeal & Saving.

(i) From the date of promulgation of these Rules, the Bihar Municipal Body Secondary and Senior Secondary Teacher (Appointment & Service Conditions) Rules 2006 and amended Rules 2008, 2009, 2012, 2014, 2015 and 2017, related with appointment and service conditions of secondary and Senior secondary teacher under the jurisdiction of a municipal body, shall be deemed to be repealed. However, even after this repeal, any work or any action that has been taken on the basis of the Government Resolutions, instructions, directions and Rules enforced prior to the date of enforcement of these Rules, shall be treated as the work or action that has been done under these Rules, as that have been done under these Rules.

(ii) If any provision contained in the notifications, orders, circulars, letters etc. issued for implementation of previous Rules, is not in tune with the provisions of these Rules, shall be deemed to be amended as per the provisions of these Rules.

BIHAR MUNICIPAL BODY SECONDARY AND SENIOR SECONDARY SCHOOL SERVICE (APPOINTMENT, PROMOTION, TRANSFER, DISCIPLINARY PROCEEDING AND SERVICE CONDITIONS) RULES, 2020