Bihar School Exclusive Teachers (Amendment) Rules, 2024

[19th December 2024]

PREAMBLE

In exercise of the powers conferred under proviso to Article 309 of the Constitution of India, the Governor of Bihar hereby makes the following amendment to the Bihar School Exclusive Teachers Rules, 2023: -

Rule 1. Short title, extent and commencement :-

 

(1)     These Rules shall be called "THE BIHAR SCHOOL EXCLUSIVE TEACHERS (AMENDMENT) RULES, 2024".

(2)     It shall extend throughout the state of Bihar.

(3)     It shall come into force from the date of issuance of notification.

Rule 2.

 

Substitution of Rule 4 of Bihar School Exclusive Teachers Rules, 2023

The Rule 4 (Competency Test) of Bihar School Exclusive Teachers Rules, 2023 shall be substituted with the following: -

"4.  Competency Test- The Department, through a government agency of its choice shall conduct a competency test for all serving Local Bodies Teachers. The competency test shall be conducted over a period of two year from the date of promulgation of these Rules. Five attempts to pass the competency test shall be given to each local bodies teacher.

Upon passing the competency test and verification/matching of educational and training certificate, a provisional appointment letter shall be issued to the Local bodies teachers by the concerned District Education Officer. Thereafter, a separate order shall be issued for their provisional posting as Exclusive Teachers in their pre posted schools in which the last date for joining shall be clearly mentioned.

The Exclusive Teachers shall join till the last date prescribed in the posting order. They shall be called Exclusive Teachers from the date of joining and shall be deemed to be relieved from the post of local bodies teachers suo moto.

Upon provisional joining as Exclusive Teacher, any Exclusive Teacher shall not have the option to revert back as Local Bodies Teacher.

If the educational and training certificate etc. are found to be true after verification, the appointing officer i.e. the District Education Officer shall confirm the service of the Exclusive Teacher.

Rule 3.

 

Rule-5 of the Bihar School Exclusive Teachers Rules, 2023 shall be substituted with the following -

Compassionate appointment of the dependents of the Exclusive Teachers shall be done as per the prescribed eligibility/qualification and prevailing policy of the department.

Rule 4.

 

Rule-10(Transfer) of the Bihar School Exclusive Teachers Rules, 2023 shall be substituted with the following:-

10. Transfer:-

10.1 Exclusive Teacher shall be transferable within the State. Joining in the transfered school shall be compulsory for the Exclusive Teacher. A separate transfer policy in this regard shall be issued by the department.

10.2 The transfer/posting of Exclusive Teachers shall be done generally within the district by the District Establishment committee keeping in view the balance between different category of teachers and teacher-pupil ratio as per the RTE standard and administrative reason, which shall comprise as follows:-

However in the first phase, the transfer and posting of all the Exclusive Teachers shall be done by the State Level committee at the head quarter level which shall comprise as follows:-

10.3 Separate meetings of state level committee shall be conducted for transfer of exclusive teachers of elementary schools and transfer of exclusive teachers of secondary/senior secondary schools.

10.4  Notwithstanding anything contained above, an Exclusive Teacher may be transferred inter-district on administrative ground or keeping in view the commitments under Right to Education Act, teacher-pupil ratio in public interest by the Director (Primary) or Director (Secondary), as the case may be.

Rule 5.

 

Insertion of a new Rule 10A (Transfer from administrative point of view) in the Bihar School Exclusive Teachers Rules, 2023.-

A new Rule 10A (Transfer from administrative point of view) is hereby inserted after Rule-10 of the Bihar School Exclusive Teachers Rules, 2023:-

10A. Transfer from administrative point of view.-

Exclusive Teachers may be transferred out of Block/District due to reasons from administrative point of view such as indiscipline, disobeying government order, continuously coming late to school, disappearing from school after making attendance, polluting the academic environment, instigating other teacher not to teach, complaint of indecent behavior with female teacher/student, no expected progress in learning level of children, not maintaining lesson plan and not following the government guidelines for teaching etc.

From administrative point of view, the Exclusive Teacher may be transferred out of block by the District Magistrate suo moto or upon recommendation of the concerned District Education Officer. Similarly, the Exclusive Teacher may be transferred from administrative point of view, out of district by the Director (Primary) or Director (Secondary) as the case may be, upon recommendation of the District Magistrate.

Prior to the aforementioned action, upon issuance of notice the concerned Exclusive Teacher shall be given 03 (three) working days time to present his side. In case of no reply or unsatisfactory reply, the competent authority may take action for Block/District transfer.

As a result of the inter-district transfer from administrative point of view, the seniority of transferred Exclusive Teacher in the district shall be determined as lower than the seniority of the subject-wise Exclusive Teacher related to the appointment year of the concerned Exclusive Teacher.

Appeal:- The delinquent Exclusive Teacher may prefer and appeal against the decision taken at the District Magistrate level before the Director (Primary) or Director (Secondary) as the case may be. Similarly, the delinquent Exclusive Teacher may prefer and appeal against the decision taken at the Director (Primary) or Director (Secondary) level before the Secretary, Education Department.

Rule 6.

 

Insertion of a new Rule 10B (Code of Conduct) in the Bihar School Exclusive Teachers Rules, 2023.-

A new Rule 10B (Code of Conduct) is hereby inserted after Rule10A of the Bihar School Exclusive Teachers Rules, 2023:-

10B. Code of Conduct:-

(i)       Obeying Government Orders.

(ii)      Completion of the syllabus as prescribed in easy and accessible manner.

(iii)     Attend school on time and conduct classes as per the prescribed routine.

(iv)    Not polluting the academic environment.

(v)      Not to disturb other teachers in teaching.

(vi)    Not to refuse academic works.

(vii)   Not to indecent behavior with the female teachers/students.

(viii)  Not to indulge in politics of any party.

(ix)    Not to engage in tuition/coaching or other business.

(x)      Not to allow harassment of children mentally or physically and ensuring protection of child rights.

(xi)    Not to consume any type of toxic substances.

(xii)   Play an active role in eradicating social evils especially child marriage and dowry.

(xiii)  To follow the directions issued from time to time by the Bihar School Examination Board for successful conduct of yearly Secondary examination and Senior Secondary examination.

(xiv)  Not to refuse participation in training as determined by the department.

(xv)   The provisions contained in Bihar Government Servants Conduct Rules, 1976 (as amended from time to time) shall be applicable to School teacher.

Rule 7.

 

Substitution of Rule 11 of Bihar School Exclusive Teachers Rules, 2023.-

The Rule 11 (Disciplinary Action) of Bihar School Exclusive Teachers Rules, 2023 shall be substituted with the following:-

"11. Disciplinary Action.-

11.1 The Exclusive Teachers shall be subject to such disciplinary action, for various acts of commission or omission, as may be decided the Appointing Authority.

11.2 In particular, the Appointing Authority shall be competent to initiate disciplinary action against an Exclusive Teacher in following cases: -

(a)      Unauthorized absence from duty;

(b)      Willful Disobedience and indiscipline;

(c)      Not contributing to the academic atmosphere of the school;

(d)      Matters of financial irregularity;

(e)      Lack of probity in public life;

(f)       Involvement in any criminal case;

(g)      Violation of provisions of Bihar Government
Servant Conduct Rules, 1976;

(h)     Any other matter which the disciplinary authority may consider.

(i)       Violation of Rule-10B code of conduct.

11.3 Deemed Suspension.-Any Exclusive Teacher who has been in judicial/police/civil custody for more than 48 hours shall be deemed suspended and the disciplinary authority shall issue such orders.

11.4 The disciplinary authority may impose the following penalties on the delinquent teacher:-

(a)      Major Penalties.-

(i)       Dismissal

(ii)      Compulsory Retirement

(iii)     Demotion to lower post

(iv)    Demotion to lower pay scale

(v)      With holding increment(s) with cumulative effect

(b)      Minor Penalties.-

(i)       Censure

(ii)      Requiring to mark attendance in such manner and before such authority for specified number of days

(iii)     Imposing financial penalty by way of deduction from the salary not exceeding 15 days

(iv)    With holding increment(s) with non-cumulative effect

(v)      With holding promotion

11.5 Procedure for initiating department action.-The disciplinary authority, upon receiving a report against a delinquent teacher shall decide whether on the basis of report, a prima-facie case of major penalty or minor penalty is made out. For the purpose, the disciplinary authority may ask a show cause, giving 7 days time, from the delinquent teacher as to why proceeding against him, for imposing major/minor penalty, as the case may be, be not initiated. After the reply is received the disciplinary authority shall decide whether to proceed for major penalty action or minor penalty action or close the matter. In case the delinquent teacher does not reply to two such notices, the disciplinary authority shall be competent to decide the matter ex-parte. If the disciplinary authority chooses to initiate action for major or minor penalty, then further procedure should be followed as mentioned in these Rules.

11.5.1 Suspension.-While initiating a disciplinary action on above grounds, the disciplinary authority may place the delinquent Teachers under suspension. However, a show cause shall be asked from the delinquent teacher before passing any order of suspension. During the period of suspension, the said teacher shall be entitled to subsistence allowance equivalent to 50% of basic salary and dearness allowance.

11.6 Procedure for Imposing Major Penalty:-

11.6.1 Whenever the disciplinary authority has reason to believe that the Exclusive Teacher has committed any act contrary to the provisions of these Rules or has abstained from doing any act as prescribed in these Rules, he shall ask the Block Education Officer or any other Officer/Employee to submit a draft charge-sheet along with documents and other evidences. Thereafter, the disciplinary authority shall appoint an Inquiry Officer who shall conduct the disciplinary proceeding. The Inquiry Officer shall follow the principles of natural justice and provide adequate opportunity to the delinquent teacher to present his case. The Inquiry Officer shall also provide such papers/documents as are available with the office. The Inquiry Officer shall finish the departmental proceedings within two months.

If the delinquent teacher does not appear before the Inquiry Officer on two dates, the Inquiry Officer shall, based on available documents, be competent to submit his report ex-parte.

11.6.2 After the completion of the departmental proceeding the Inquiry Officer shall submit a report to the disciplinary authority for further action.

11.6.3 The disciplinary authority may appoint an Inquiry Officer from amongst the Officers available at his disposal or may request the District Magistrate to appoint the same from the Officers available in the District.

11.6.4 The disciplinary authority shall also appoint a presenting officer to present the case of the Department before the Inquiry Officer. Such presenting officer may be from amongst the block level employees of the Department. Alternatively, as required he may request the District Magistrate to appoint the presenting officer from block level officers of the other departments.

11.7  Procedure for Imposing Minor Penalty.-Where, in the opinion of the disciplinary authority, the matter is suitable for imposing minor penalty, he shall ask a show cause giving 15 days time to the delinquent teacher to explain why that particular minor penalty be not imposed. Upon receiving the reply from the delinquent teacher, the disciplinary authority may impose the particular minor penalty.

11.8  No work No pay Rule.-Where upon an inspection by any officer or authority of the District or the Administrative Department, any teacher or staff of the school is found absent without proper approval, it shall be competent for the District Education Officer to withhold the salary of such absent teacher immediately.

Thereafter, a show cause, giving 7 days time, shall be asked from the absent teacher and if the reply is not satisfactory, the salary of the absent teacher shall be deducted for the period of absence.

Rule 8.

 

Substitution of Rule 12 (Repeal and Savings) of Bihar School Exclusive Teachers Rules, 2023.-

Rule 12 (Repeal and Savings) of Bihar School Exclusive Teachers Rules, 2023 is hereby substituted with the following-

12. Earlier judicial / quasi-judicial proceedings to continue:-

12.1 The cases concerning the service of any local bodies teacher, if pending before the State Appellate Authority / District Appellate Authority shall be adjudicated by the State Appellate Authority / District Appellate Authority.

12.2 The service of the Exclusive Teacher shall be subject to the outcome of any case / proceeding concerning the service of such teacher, if any, which was filed and pending prior to the promulgation of these Rules.

12.3 Forum of State Appellate Authority / District Appellate Authority will cease to exercise to jurisdiction in respect to any dispute appertaining to Exclusive Teachers.

Rule 9.

 

Insertion of a new Rule 12A (Grievance Redressal) in Bihar School Exclusive Teachers Rules, 2023.-

A new Rule 12A (Grievance Redressal) is hereby inserted after Rule 12 of Bihar School Exclusive Teachers Rules, 2023:-

"12A. Grievance Redressal.-Any order passed by the disciplinary authority shall be appealable before the Regional Deputy Director within 15 days of passing the order. The Regional Deputy Director shall dispose of the appeal within 30 days. Provided that the Regional Deputy Director shallhear the appellant before passing the order."

Rule 10.

 

Insertion of a new Rule 12B (Revision) in Bihar School Exclusive Teachers Rules, 2023.-

A new Rule 12 B (Revision) is here by inserted after Rule 12A of Bihar School Exclusive Teachers Rules, 2023:-

"12B. Revision.-A revision against any order passed by Regional Deputy Director under Rule 12A shall lie before the Divisional Commissioner.

The Revision must be filed within 15 days of the disposal of the appeal and the Divisional Commissioner shall dispose of the same within 30 days."