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Bihar Nagar Elementary Teacher [Employment and Service Conditions] Rules-2012

Bihar Nagar Elementary Teacher [Employment and Service Conditions] Rules-2012

Bihar Nagar Elementary Teacher [Employment and Service Conditions] Rules-2012

3 April, 2012

No.- 7/ Vi. 1 -37-2010-242- Exercising the powers assigned under Sections- 46, 47 (4) and 419 of Bihar Municipality Act, 2007 for employment of teachers in Primary Schools of Nagar areas of State, the Government of Bihar frames following- Bihar Nagar Elementary Teacher [Employment and Service Conditions] Rules-2012.??

Preamble:- Under Article-21 of the Constitution of India, for the children of age group 6-14 years Right to Education has become their fundamental right.At the same time, Right of Free and Compulsory Education to Children Act, 2009 is enforced from 1 April 2010. Under this Act, by the National Council of Teaching Education, an academic authority notified by the Central Government, for employment of teachers in elementary schools new eligibility is determined. In light of 74th constitutional amendment, holding importance of role of institutions of Municipalities in elementary education of Nagar areas the work of employment of teachers are handed over from earlier to the institutions of town. So by the State Government after due consideration on aforesaid points for employment of teachers in elementary schoolsof Nagar areas this Rules is being framed.

Rule - 1. Short name, extension and commencement:-

(1)     This Rules shall be called- Bihar Nagar Elementary Teacher [Employment and Service Conditions] Rules-2012.

(2)     It shall extend to the whole state of Bihar.

(3)     It shall be effective from date of issuance of notification.

Rule - 2. Definitions:-

Notwithstanding anything repugnant to subject or context, in this Rules:- ?Primary School? means such Governmental and Government aided schools in which presently there is arrangement of imparting education up to class-Five.

(i)       ?Middle School? means such Governmental and Government aided schools in which presently there is arrangement of imparting education up to class- Eight.

 

(ii)      ?Elementary School? meansGovernmental and Government aided Primary School and Middle School.

 

(iii)     ?Nagar Elementary Teacher? means Nagar Teacher to be employed in Elementary Schools of Urban Area of State, in accordance with this Rules.

 

(iv)    ?Instructor? means Instructor of Music or Fine Art, Instructor of Physical Education and Health, Instructor of Social Utility Works to be employed in Middle Schools of State.

 

(v)      ?Class? means class of Nagar Elementary Teachers provided under rule-3.

 

(vi)    ?Category (Grade)? means ?Category (Grade)? of Nagar Elementary Teachers provided under rule-4.

 

(vii)   ?Department? means the Department of Education.

 

(viii)  ?Municipality? means Municipality constituted under Section-2 (66) read with Section-12 of Bihar Municipality Act, 2007. For urban areas Autonomous Institutions constitutions under Article 243 ?Th? of the Constitution of India, like- Municipal Corporation, Town Council, and Nagar Panchayat.

 

(ix)    ?Training? means prior to enforcement of NCTE training from Institutions recognised by Central Government or any State Government, and afterenforcement of NCTE two years training from Institutions recognised by National Teacher Education Council or B.E.L.D. OR B.Ed.

 

(x)      ?Graduate Hons.? Means Degree of Graduate Hons.? Or equivalent degree notified by State Government.

 

(xi)    ?School Education Committee? means Committee constituted under Act/ Rules of State Government for management and Supervision of every school.

 

(xii)   ?National Teacher Education Council (NCTE)? means the Council to regulate to Training Institutions specified at National Level and to regulate Training Arrangements.

 

(xiii)  ?Officers of Municipality? means ?Municipal Commissioner? in matter of Municipal Corporation and Nagar Executive Officer in matter of Nagar Council and Nagar Panchayat.

 

(xiv)  ?Appellate Authority? means Authority constituted at the level of district for taking decision after hearing on complaint in matters of appeal regarding employment under Employment Rules and in matters of service of employed teachers and instructors.

Rule - 3 Class of Nagar Elementary Teachers:-

?There shall be two following? classes ofNagar Elementary Teachers-

(a)      Nagar Primary Teacher- Teacher to be employed in Primary Schools of Nagar. [Town]

 

(b)      Nagar Elementary Teacher-Teacher to be employed in Middle Schools of Nagar. [Town].

Rule - 4 Grade of Nagar Teachers:-

The posts of Nagar Teachers to be employed in Middle Schools of Nagar and Primary Schools of Nagar. [Town] shall be of following three category [Grade]-

(i)       Nagar Teacher- Basic Grade.

 

(ii)      Nagar Teacher- Graduate Grade (Graduate Teacher of Middle School)

 

(iii)     Nagar Teacher- Headmaster Grade (Headmasterof Middle School)As result of up gradation of Primary School into Middle School, Nagar Teachers employed in Primary Schools shall come in their own category (Grade) of Nagar Teacher.

Rule - 5 Minimum Eligibility for Employment:

(i) Class I-V (Basic Grade of Nagar Teacher)

(a)      Higher Secondary with minimum 50 % marks (or its equivalent) and two years training in elementary Education Science. [Known by whatever name].

Or

(b)      Higher Secondary with minimum 45 % marks (or its equivalent) and two years training in elementary Education Science. [Known by whatever name], which is obtained as per National Teacher Education Council (NCTE) (Recognition, Standard and Activities) Regulation 2002,

Or

(c)      Higher Secondary with minimum 50 % marks (or its equivalent) and four years training in elementary Education (B.L. Ed.)

Or

(d)      Higher Secondary with minimum 50 % marks (or its equivalent) and two years training in elementary Education? And

 

(e)      Qualified in ?Teacher Eligibility Test (T.E.T.) held by Central Government or the Government of Bihar?

(ii) Class VI to VIII (Graduate Grade of Nagar Teacher)

(a)      B.A. / B. Sc. and two years Diploma in Elementary Education.[Known by whatever name],

Or

(b)      B.A. / B. Sc. With minimum 50 % marks and one year graduation in Education Science (B.Ed.)

Or

(c)      B.A. / B. Sc. With minimum 45 % marks and one year graduation in Education Science (B.Ed.)which is obtained as per National Teacher Education Council (NCTE) (Recognition, Standard and Activities) Regulation 2002, issued from time to time in this regard.

????????????????????? Or

 

(d)      Higher Secondary with minimum 50 % marks (or its equivalent) and 4 (four) years graduation inElementary Education Science (B.L. Ed.)

??????????????????? Or

(e)      Higher Secondary with minimum 50 % marks (or its equivalent) and 4 (four) years B.A. / B.Sc. Ed. Or B.A. Ed./ B. Sc. Ed.

?????????????????????????? Or,

(f)       B.A. / B.Sc. with minimum 50 % marks and one year B.Ed. (Special Education)

??????????????????? And

(g)      Qualified in ?Teacher Eligibility Test (T.E.T.) held by Central Government or the Government of Bihar?

 

(h)     Only Diploma/ Degree in Education Science recognised by Central Government or any State Government or National Teacher Education Council (NCTE) shall be recognised. For Diploma (Special Education) in Education Science and B.Ed.(Special Education) the Syllabus recognised by National Teacher Education Council shall be recognised.

 

(i)       A candidate having qualification of D.Ed. (Special Education) or B.Ed.? (Special Education), after his employment shall obtain necessarily special training of 6 months recognised byNational Teacher Education Council.

 

(j)       As per National Teacher Education Council (Determination of minimum eligibility for recruitment of teachers in schools) Regulation 2001 (amended from time to time) A candidate having qualification of B.Ed. on 3 September 2001 or thereafter for teaching in class I to V after his employment shall obtain necessarily special training of 6 months in Elementary Education Science recognised byNational Teacher Education Council.

 

(k)      For employment on posts of General Teacher, the degree of equivalent Technical Education (Polytechnic, Unani Education etc.) degree concerned with ancient language (Moulvi/ Up Shashtri) are not valid. In light of notification or order issued by Department of Education, for employment on posts of Teacher, any Degree of particular language awarded by Voluntary Institutions established by any Society or Trust shall not be valid. By Department of Education, action shall be taken for awarding equivalency of any Certificate or Degree for employment on post of teacher.

 

Rule - 6. Employment of Urdu Teachers/ Sanskrit Teachers/ Bangla Teachers-

 

(i) ?? Employment shall be made on posts of Urdu Teacher in Primary and Middle School of candidates having degree of Moulvi/ Alim awarded by Bihar Madarsa Education Board or who has passed in Urdu subject with minimum 100 marks in Intermediate and having Training described in rule-5.

(ii) ? Employment shall be made on posts of Sanskrit Teacher in Primary and Middle School of candidates having degree of Up-Shastri/ Shastri awarded by Kameshwar Singh Sanskrit University, Darbhanga and having Training described in rule-5.

(iii) ? Employment shall be made on posts of Bangla Teacher in Primary and Middle School of candidates having degree of Inter level (passed in Bangla Language of 100 marks) or equivalent to qualification graduation in Bangla.

Rule - 7. Employment of Graduate Teachers in Middle Schools:-

In Middle Schools, the employment of Graduate Teachers subject wise on following posts shall be made of candidates having qualification described in Rule-5:-

(i)       Graduate Math & Science Teacher;

 

(ii)      Graduate Social Science Teacher;

 

(iii)     Graduate Language Teacher;

 

(iv)    Up to 8 years from date notification of Rules on all aforesaid posts direct employment shall be made. Thereafter on 50% posts direct employment shall be made and rest 50 % posts shall be filled up giving promotion to teachers? qualification of basic grade. In case of not finding suitable teacher for promotion, by the Department decision of Direct Employment may be taken.

Rule - 8. Reservation:-

?Reservation Rule notified by General Administration Department of the Government of Bihar, at district level, shall be applied for every subject. The employment of Instructors for time being shall be made in same way.

Rule - 9. Employment of Women and Handicapped persons:-

(i)       In every subject, (Including Instructor) employment shall be made of minimum 50 % women candidates. In case of remaining odd number, last post shall be marked for woman.

(ii)      In every subject, of Elementary Teacher (Including temporary Instructor) employment shall be made of three percent handicapped candidates (1% vision disabled,1% hearing disabled, 1% osteogenic disabled) in accordance with Rule/ Notification/ Order of General Administration Department of the Government of Bihar.

Rule - 10. Age:-

On First August of Employment Year minimum age of candidate for basic grade 18 year and 21 year for graduate and maximum age shall be same which shall be prescribed from time to time by General Administration Department of the Government of Bihar. In maximum age limit to the handicapped candidate?s relaxation of 10 years shall be given. For temporary Instructor minimum age limit shall be 18 year. To the trained candidates in maximum age limit relaxation of 10 years shall be given

Rule - 11. Process of Employment:-

 

(A) Application:-

(i)       Application shall be received only from candidates who have passed ?Teacher Eligibility Test?.

 

(ii)      The number of posts for employment of Nagar Teachers (including Instructor) shall be communicated to concerned Employment Units through districts by the State Government.

 

(iii)     By the Secretary of Employment Committee the notice of employment on vacant posts of Nagar Teacher Subject wise and category wise? and of Instructors [including total particulars concerned with employment] as per program determined the Government shall be got published in whole Nagar Area. For submission of time of minimum 30 days shall be given. One copy of notice shall be published on Notice Board of office of Dist. Education Officer.

 

(iv)    By eligible candidate application in prescribed Performa (issued by Department from time to time) shall be sent to the Secretary of Employment Committee by only speed post / registered post.

(B) Determination of Merit List:-

Merit List shall be prepared at the level of Employment Unit of Nagar jointly by the Secretary of Employment Committee and in-charge Dist. Program Officer, but main responsibility shall be of the Secretary of Employment Committee. The Secretary of Employment Committeefor preparation of Merit List setting the place and date etc. shall take necessary cooperation from other members. On every page of Merit List signature shall be placed by both members preparing Merit List.

Merit List for employment of Nagar Teacher of Basic Grade:-

 

(i)       Percentage of obtained marks in Matric Examination. +

 

(ii)      ?Percentage of obtained marks in Intermediate Examination. +

 

(iii)     Percentage of obtained marks in Training Examination

 

(iv)    Aiding aforesaid all three on making division by three, obtained percentage shall be merit point of candidate.

 

(v)      In matter of untrained candidates aiding (i) & (ii) division shall be made by two.

 

(vi)    In merit point of candidate, on basis of obtained marks of Teacher Eligibility Test, additional merit point shall be aided as follows:-

 

(vii)   90% and above-? ?????10 point.

 

(viii)  80 % and above and below 90 % --??????????????????? 06 point

 

(ix)    70 % and above and below 80 % --??????????????????? 04 point

 

(x)      55 % and above and below 70 % --??????????????????? 02 point

 

(xi)    Thus after aiding additional point of Teacher Eligibility Test, total point of candidate shall be total merit point of candidate.

Merit List for employment of Nagar Teacher of Graduate Grade:-

(i)       Percentage of obtained marks in Matric Examination. +

 

(ii)      ?Percentage of obtained marks in Intermediate Examination. +

 

(iii)     Percentage of obtained marks in Graduate Examination +

 

(iv)    Percentage of obtained marks in Training Examination

 

(v)      Aiding aforesaid all four on making division by four, obtained percentage shall be merit point of candidate.

 

(vi)    In matter of untrained candidates aiding (i) to (iii) division shall be made by three.

 

(vii)   In merit point of candidate, on basis of obtained marks of Teacher Eligibility Test, additional merit point shall be aided as follows:-

 

(viii)  90% and above- ????? 10 point.

 

(ix)    80 % and above and below 90 % --??????????????????? ?????????????????06 point

 

(x)      70 % and above and below 80 % --??????????????????? ????????????????..04 point

(xi)    55 % and above and below 70 % --??????????????????? ????????????????..02 point

 

(xii)   Thus after aiding additional point of Teacher Eligibility Test, total point of candidate shall be total merit point of candidate.

 

(xiii)  Calculation of obtained marks shall be made leaving the marks of additional and optional subjects. But where optional subject is as compulsory subject, there calculation shall be made. For graduate qualification the marks obtained in all read subjects (leaving additional and optional subject) calculation shall be made. For candidates graduate with Hons., aiding the marks obtained in subsidiary subjects and subjects of Hons. paper total marks shall be obtained.

 

(xiv)  Keeping in view requirement of teachers of basic grade and graduate grade merit list of trained and untrained candidates of every subject shall be prepared separately.

 

(xv)   As per rule of reservation, in every subject and category first of all employment shall be made of untrained candidates. Thereafter on remaining available vacancy employment shall be made ofuntrained candidates of same category and subject. Untrained employed teacher shall get training necessarily within time-limit determined by the Government.

(C)Constitution of Nagar Employment Committee- Municipal Corporation-

(i)       For selection of Teachers and Instructors of Municipal Corporation, at the level of Municipal Corporation an Employment Committee shall be constituted as follows:-

 

(ii)      Mayor of Municipal Corporation- ?..Chairman

 

(iii)     Municipality Officer of Municipal Corporation-??????? ???????????.Member Secretary.

 

(iv)    One selected member of Education Committee of Municipal Corporation-???????? ?????. Member

 

(v)      One Officer of Schedule Caste/ Schedule Tribe nominated by Dist. Magistrate- ????. Member

 

(vi)    Dist. Program Officer (Establishment) .. Member

Note:- In case of not constitution of Education Committee of Municipal Corporation by Dist. Education Officer, one Headmaster of any Governmental / Government aided High School situated in area of Municipal Corporation may be nominated as member.

Nagar Council/ Nagar Panchayat-

(1)     President / Chairman of Nagar Council/ Nagar Panchayat- ???????????? Chairman

 

(2)     Municipality Officer of Nagar Council/ Nagar Panchayat- ??????? Member Secretary

 

(3)     One selected member of Education Committee of Nagar Council/ Nagar Panchayat (If Chairman is male then selected member shall be female)- ??????????????????.Member

 

(4)     One Officer of Schedule Caste/ Schedule Tribe nominated by Dist. Magistrate- ??. Member

 

(5)     Dist. Program Officer (Establishment)???????????????????????????? ???????????? Member

Note:- In case of not constitution of Education Committee of Municipal Corporation by Dist. Education Officer, one Headmaster of any Governmental / Government aided High School situated in area of?? Nagar may be nominated as member. If due to any reason the post of Mayor, President / Chairman of Nagar is vacant then Dy. Mayor/ Vice-President / Dy. Chairman shall be chairman of Committee.

(D) Approval of Merit List:-

(i)       By the Member Secretary of Employment Committee the Merit List shall be placed for approval in meeting of Committee.

 

(ii)      After approval Merit Lish shall be published. For raising any kind of objection, the time of 15 days shall be given. Making removal of obtained objection within one week final form shall be given to Merit List.

(E) Employment Letter:-

(i)       In accordance with number of posts allotted to Employment Units to the selected candidates under signature of Member Secretary by registered post, Employment Letter shall be sent. For making joining the time of 30 days shall be given, which shall be mentioned in Employment Letter. By the Head of the School after getting verification of Employment Letter from Employment Unit, the joining of Employed candidates shall be accepted. After 30 [thirty] days against rest vacant posts again as per number of vacant seats on the basis of Merit List Employment Letter shall be issued. Again after30 [thirty] days against rest vacant posts again as per number of vacant seats on the basis of Merit List Employment Letter shall be issued. Thus after total three transactions Employment process shall be deemed terminated.

 

(ii)      By the candidate to be employed at the time of joining his health certificate issued by Civil Surgeon shall be given.

 

(iii)     Photo copies of all record / documents concerned with Employment and Qualification shall be kept preserved in the Block Office after getting attestation by Block Education Extension Officer.

(F) Action against Employment Unit not making Employment:-

?In case of not making employment of teacher by Employment Unit without any justified reason in accordance with date and employment process determined by the Government, it shall be deemed violation of ? Right to Education to Children Act, 2009 and their constitutional liabilities and for this, against the delinquent officers and representative of Panchayat under relevant sections of Bihar Municipality Act-2007 necessary action shall be taken.

Rule - 12. Employment of Instructor for Physical Education, Art and Work:-

In Middle Schools employment shall be made of Instructor for Physical Education, Art (Music and Fine Art) Instructors and WorkInstructor.

Eligibility:-

(i)       Instructor for Physical Education and Health:-

(ii)      Matric exam passed from any recognised Board.

 

(iii)     Certificate/ Diploma/ Degree in Physical Education from any recognised Board/University.

 

(iv)    Instructor forMusic and Fine Art

 

(v)      Matric exam passed from any recognised Board.

 

(vi)    Graduation Degree in regular course in Fine Art/Graduation in Music/ Diploma or equivalent qualification from any recognised University.

 

(vii)   Work Experience Instructor:-

 

(viii)  ???Matric exam passed from any recognised Board.

(ix)    Certificate/ Diploma of minimum one year from Institution recognised by the Government of Bihar.

Selection of Instructors:-

Employment shall be made on posts of Instructors by the Department in prescribed manner.

Rule - 13. Employment on Compassionate Ground:-?

In case of death of during service period of teacher of Dist. Cadre appointed from earlier in Elementary Schools or of teachers to be appointed in light of Rules of 2006 and this Rules on Compassionate Ground to their eligible dependants if they are agree for it, in light of guideline issued regarding appointment on compassionate ground by General Administration Department employment may be made by Employment Committees. To the untrained dependant?s employment may be given only when relaxation is given by the Government of India for the employment of untrained. To the dependants of Instructors benefit of employment on compassionate ground shall not be payable.

Rule - 14. Inquiry of Certificates:-

By the Employment Officer, with the cooperation of officers of Department of Education necessary inquiry shall be got made of academic/ technical and other certificates of teachers/ instructors to be employed. In case of finding forged or wrong certificates by the Employment Officer Employment shall be cancelled and necessary legal action shall be taken. Getting verification of certificates on time shall be responsibility of Employment officer otherwise he will be liable for illegal payment to teachers employed on forged or wrong certificates.

Rule - 15. Service Conditions of Employed Teachers:-

?(A) Fixed Salary:-

(i)       To the Nagar Teachers fixed salary shall be given as follows:-

 

(ii)      Trained teacher [basic grade] Rs. 7000/- per month.

 

(iii)     Untrained teacher [basic grade]Rs. 6000/- per month.

 

(iv)    Trained teacher [Graduate grade]Rs. 8000/- per month.

 

(v)      Untrained teacher [Graduate grade]Rs. 7500/- per month.

 

(vi)    Trained teacher [Headmaster of middle schools]Rs. 14000/- per month.

 

(vii)   To Instructors per month Rs. 4, 000/- fixed salary shall be payable.

 

(viii)  If by the Government in future in fixed salary of teacher or instructor amendment is made then accordingly fixed salary shall be payable to them.

 

(ix)    To the Panchayat Elementary teachers and Instructors employed under this rule no kind of allowance like- Dearness Allowanvce, Housing Allowance/ Medical allowance/ transportation allowance etc. shall not be payable.?

(B) Increment in Salary:-

(i) ?? In light of Employment Rules 2006 as per direction of Government competency test of Employed Teachers shall be taken. On basis of evaluation in salary of trained teachers obtaining minimum 45 % in general category andobtaining minimum 40 % in reserved category, after three years Rs. 500/- [Five Hundred] and Rs. 300/- [Three Hundred] in salary of untrained teachers shall be increased in one time.

(ii) ? Thereafter every year in salary of earlier employed trained teachers Rs. 170/- (One Hundred seventy) and Rs. 100/- [One Hundred] shall be increased in their fixed salary. No increment shall be made in salary of teachers obtained marks below the prescribed minimum marks. To the teachers obtaining marks below 45 % in general category and obtaining marks below 40 % in reserved category for improvement in their marks, one more opportunity shall be given. After 2nd evaluation, asking explanation from teacher obtaining marks below prescribed marks by his Employer, he shall be removed from service.

(iii) ? In fixed salary of Graduate Trained Teacher every year Rs. 300/- [three hundred rupees] shall be increased. In fixed salary of Graduate Untrained Teacher every year Rs. 200/- [two hundred rupees] shall be increased.?

(iv)? Basic grade teachers employed under this rules [except teachers appointed on compassionate ground] shall not appear in Competency Test and to them every year pay increment shall be payable as mentioned in clause (ii).Instructors also shall not appear in Competency test. In their fixed salary every increment of Rs. 100/- shall be given.

(C) Age of Retirement:-

Employed Teacher and Instructors will retire on the date of completion of their age of 60 year.

(D)Training:-

(i) By the State Government to the untrained teachers the facility of training prescribed by National Council of Teaching Education [N.C.T.E.] shall be made available. To the teachers completing training successfully from date of publication of result, fixed salary of trained teachers shall be payable. (ii) To the trained teachers and untrained teachers during their service period regular training shall be held.

(E)Transfer:-

(i)       Normally transfer shall not be made of Elementary Teachers. During their service period after three years within their Employment Unit there shall be facility of maximum two transfer. Between two transfers there shall be difference of at least five years. Transfer may be made in own category [grade] of teacher. To the temporary Instructors this facility shall not be payable.

(ii)      If for one vacant post of any school more than one transfer applications are received, then on basis of service period, priority shall be given to senior most teacher.

 

(iii)     Proposal of transfer shall be prepared by Member Secretary and after approval of Employment Committee transfer order shall be issued under signature of Member Secretary.

 

(iv)    In compliance of Free and Compulsory Education of children from level of officer, authorised by the Government within the Employment Unit order of administrative Order may be given to Employment Unit. Its compliance by Employment Officer shall be mandatory.

(F)Promotion:-

(i)       To the employed teacher of Trained Basic Grade from date of joining and To the employed teacher of Untrained Basic Grade from date of receiving trained pay-scale seniority list shall be prepared and after satisfactory service of 12 year promotion shall be given in next fixed salary [prescribed for trained graduate teachers]. As result of promotion the teacher of this grade shall remain in his own grade.

 

(ii)      On 50 % posts of Graduate Teacher direct employment may be made from promotion of Nagar Teachers having graduate qualification who have satisfactorily completed his service of 8 (Eight years)

 

(iii)     From trained Graduate Teachers from seniority list prepared on basis of minimum service of 5 [five] years in graduate grade and seniority promotion shall be given on the post of Headmaster of fixed salary.

 

(iv)    For promotion action shall be taken by Employment Committee. As result of promotion in Graduate grade, action for posting alsoshall be taken by Employment Committee.

(G)Disciplinary Action:-

(i)       In case of remaining habitually absent from school, harassing to children, making breach of discipline and due to any other reason, on the basis of report of Employment Committee or Inspection Officer of Department of Education in context of charge of concerned Teacher and Instructor? by the Secretary of Employment Unit explanation shall be asked. On receiving explanation after making its review with the permission of Employment Committee Departmental Proceeding shall be initiated.

 

(ii)      In case of suffering jail in any matter, on finding prima facie guilty of defalcation of governmental amount, he shall be suspended.

 

(iii)     In course of suspension or departmental proceeding framing charge, by Inquiry Officer inquiry shall be made and in case of finding guilty he shall be punished with following punishments:-

Minor Penalty:-

(i)       Condemnation;

 

(ii)      Check on promotion;

 

(iii)     Check on pay increment [Commutative/ non-commutative]

Major Punishment-

(i)       Demotion on lower post;

 

(ii)      Dismissal from service, which shall not be disqualification for any appointment / employment in future. Provided also that, in any other particular case in writing any other punishment may be imposed.

 

(iii)     In case of proving charge, major punishment may be awarded but before awarding major punishment 2nd Show-Cause Notice shall be issued.

 

(iv)    During suspension period, 50% amount of fixed salary as livelihood allowance shall be given.

 

(v)      Order regarding punishment shall be issued under signature of secretary of Employment Committee. In this order full particulars of those facts shall be given, due to which delinquent teacher / instructor is found guilty.

(H) Leave:- (For Teacher)

(i)       To the Nagar Elementary Teachers in one year casual leave of 16 (Sixteen) days shall be permissible. To the Lady Teachers special leave of two days per monthshall be permissible. To these teachers in one year Medical leave on basis of medical certificate of 20 (Twenty) days shall be permissible. By the Headmaster of school casual leave and medical leave shall be granted. If the teacher is himself headmaster/ principal then his medical leave shall be granted by Chief Municipality Executive Officer. Casual at a time for more than ten days cannot be given. During whole service period medical leave up to 120 days may be commutative and in any year at the same time up to 90 days on basis of medical certificate leave may be taken. It may be aided after or before only in one side of casual leave.

 

(ii)      To the Woman Nagar Teachers maternity leave of 135 days may be granted by Chief Municipality Executive Officer. The benefit of maternity leave is permissible only for two children.

 

(iii)     Besides the aforesaid leaves due to any special cause in one calendar year for the period of 30 [Thirty] days special non-salaried leave may be permissible. But due to this, break in service shall not be deemed.

 

(iv)    With the service book of teacher his leave account shall also be maintained in formal way.

Leave ? ???????? (For Instructor)-

To the Instructor in one year casual leave of 16 (Sixteen) days shall be permissible.?? In one year Medical leave of 20 (Twenty) days shall be permissible, which may be commutative up to 60 [sixty] days.To the Woman Instructor maternity leave of 135 [one hundred thirty five] days may be granted. For sanctioning of leave shall be same process which is prescribed for teachers.

(I) ????? Payment of Salary-

(1)     For making payment of salary to Teachers and Instructors of Municipality as per requirement grant shall be made available.

 

(2)     On basis of absentee particulars submitted by the head of school payment of salary to Teachers and Instructors of Municipality shall be made by the Secretary of Employment Committee by advice of transfer in their bank account.

Rule - 16. Appeal:-

 

The power of hearing of appeal concerned with service of employed teachers and Instructors employed under this Rules shall be vested in Appellate Authority constituted by the Government at the level of District.

Rule - 17. Removal of difficulties:-

?The State Government may remove to difficulties raised at the time of compliance of this Rules, by notification /order.

Rule - 18. Repeals and Savings:-

(1)     From date of enforcement of this Rules, The Employment Rules 2006 concerned with employment of teachers in elementary schools of Nagar area and Resolution, orders, instructions etc. in this regard shall be deemed repealed.

 

(2)     Despite such repeal any work done under such Rules, Order, Instruction shall be deemed done under this Rules. It shall have no effect on service conditions of teachers of earlier Dist. Cadre. It shall have no effect on Special Teacher Appointment Rules 2010. ???????? ?????????????????????

Printed and Published by

Superintendent, Secretariat Printing Press, Bihar, Patna Bihar Gazette [Extra-ordinary] 352-571 +3000 D.P.T.