Bihar School Exclusive Teachers Rules, 2023

[26th December 2023]

In exercise of the powers conferred under proviso to Article 309 of the Constitution of India, the Governor of Bihar hereby makes the following rules for the Teachers employed by the local bodies and bringing them at par with the School Teachers recruited under Bihar State School Teachers (Appointment, Transfer, Disciplinary Proceedings and Service Conditions) Rules, 2023: -

Rule - 1. Short title and commencement

(1)     These rules shall be called "THE BIHAR SCHOOL EXCLUSIVE TEACHERS RULES, 2023".

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

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

Rule - 2. Definitions

(1)     In these Rules, unless the context otherwise requires, -

(i)       "Government" means the Bihar Government;

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

(iii)     "Appointing Authority" means District Education Officer of the concerned district;

(iv)    "Disciplinary Authority" means District Education Officer of the concerned district;

(v)      "Appellate Authority" means Regional Deputy Director of Education of the concerned Division;

(vi)    "Exclusive Teachers" means all such serving teachers, who have been employed by the local bodies and who are covered under the relevant Local Bodies Teachers Rules 2020 and have passed competency test under Rule 4 of these Rules;

(vii)   "Librarians" covered under the relevant Local Bodies Teachers Rules 2020 shall be treated at par with the Exclusive Teachers provided they pass in the competency test under rule 4 of these rules. However, they shall continue to be called Librarians.

(viii)  "Local Bodies" means Zila Parishad, Panchayat Samiti, Gram Panchayat constituted under Bihar Panchayat Raj Act, 2006 and includes Nagar Nigam, Nagar Parishad and Nagar Panchayat constituted under Bihar Municipal Act, 2007;

(ix)    "Local Bodies Teachers Rules, 2020" means "Bihar Panchayat Elementary School Service (Appointment, Promotion, Transfer, Disciplinary Proceeding and Service Condition) Rules, 2020", "Bihar Municipal Elementary School Service (Appointment, Promotion, Transfer, Disciplinary Proceeding and Service Condition) Rules, 2020", "Bihar District Board Secondary and Senior Secondary School Service (Appointment, Promotion, Transfer, Disciplinary Proceeding and Service Condition) Rules, 2020" and "Bihar Municipal Body Secondary and Senior Secondary School Service (Appointment, Promotion, Transfer, Disciplinary Proceeding and Service Condition) Rules, 2020";

(x)      "Part time Instructors" covered under the relevant Local Bodies Teachers Rules 2020 shall not be covered under these rules.

(xi)    "Physical Teachers" covered under the relevant Local Bodies Teachers Rules 2020 shall be treated at par with the Exclusive Teachers provided they pass in the competency test under Rule 4 of these rules. However, they shall continue to be called Physical Teachers.

(xii)   "Trained Exclusive Teacher" means the Exclusive Teacher who has been declared as such by the competent authority;

(2)     Any other definition not appearing in these Rules shall derive its meaning from the definitions given in Rule 2 of Bihar State School Teachers (Appointment, Transfer, Disciplinary Proceedings and Service Conditions) Rules, 2023.

Rule - 3. Constitution of Cadre

(1)     All the Teachers employed by the various tiers of local bodies (viz. Panchayati Raj and Urban Bodies) shall be required to pass a competency test under Rule 4 and upon passing the test and joining the allotted school thereafter will be called "Exclusive Teachers". The Local Bodies Teachers employed at various tiers of local bodies shall stand merged as a single cadre at the district level from the date of joining the allotted school as per the allotted district in the competency test. They shall constitute a separate cadre whose service conditions shall henceforth be regulated by these Rules.

Provided that these Exclusive Teachers upon passing the competency test under Rule 4 will be entitled to avail the salary and other perks entitled to the school teachers appointed under Bihar State School Teachers (Appointment, Transfer, Disciplinary Proceedings and Service Conditions) Rules, 2023.

Provided further that any disciplinary action, vigilance enquiry or any other investigation pending against such "Local Bodies" Teachers who become "Exclusive Teachers", shall continue as per the provisions of these new Rules.

(2)     As and when an Exclusive Teacher retires or resigns or is dismissed, the resulting vacancy shall not be filled by local bodies. The Department shall be competent to retain a certain percentage of such vacancies for promotion of these Exclusive Teachers and transfer the remaining to the cadre of School Teachers appointed under Bihar State School Teachers (Appointment, Transfer, Disciplinary Proceedings and Service Conditions) Rules, 2023.

(3)     Those "local bodies" teachers who do not appear in or pass the Competency Test as per Rule 4, shall continue to remain "Local Bodies" Teachers.

Rule - 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 one year from the date of promulgation of these Rules. Three attempts to pass the competency test shall be given to each local bodies teacher. At the time of appearing in the test, the local bodies teacher shall be required to give three choices of the districts they wish to serve as Exclusive Teachers. Districts shall be allotted based on their rank in the competency test.

Provided that cases of all those local bodies teachers who do not appear or fail to clear the competency test in the 3rd attempt shall be considered separately by the Department. The Department shall constitute a committee to consider the cases of all such local bodies teachers and make suitable recommendation to the Government and to that extent, the "Local Bodies Teachers Rules, 2020" shall stand modified.

Rule - 5. Direct Recruitment under these Rules

There shall be no direct recruitment under these Rules except those on compassionate grounds. Any appointment as Exclusive Teacher on compassionate grounds shall be subject to qualifying such efficiency test as the Department may conduct.

Provided that any compassionate appointment shall be made subject to the prevailing policy of the Department including the eligibility and vacancy.

Rule - 6. Reservation

Upon becoming the Exclusive Teachers, these serving Local bodies Teachers shall continue to belong to the same reservation category against which they were employed by the local bodies.

Rule - 7. Seniority

7.1. :-

A Seniority list of Exclusive Teachers shall be maintained at the district level. There shall be a separate Seniority list drawn subject wise for each category of teachers of school viz primary, middle, secondary &senior secondary.

7.2. :-

The Seniority of the Exclusive Teachers shall be drawn as per following criteria:-

(a)      The date of attainment of trained pay scale as local bodies teachers.

(b)      Where two teachers share the same date as per criterion (a) above, the date of birth shall be the criterion for deciding the seniority.

(c)      Where, two teachers share the same date as per criterion (b) above, the name of the teacher in English alphabetical order shall decide the seniority.

(d)      Any other case, not fitting in the above criteria, shall be decided by the Department.

Rule - 8. Salary

8.1. :-

The Exclusive Teachers shall enjoy the full pay protection as provided to them under Local Bodies Rules, 2020.

8.2. :-

Further, upon these Rules taking effect, their pay shall be as per the Fitment Matrix. Other allowances including the Dearness Allowance, House Rent Allowance, Medical Allowance and City Transport Allowance, as per the prevailing rates of the State Government.

8.3. :-

The Fitment Matrix shall be as per the Annexure A. The Fitment Matrix indicates the placement of the Exclusive Teachers as per these Rules.

Rule - 9. Promotion

9.1 The Exclusive Teachers shall be entitled to promotion as per the following table:-

9.2. :-

No promotion can be claimed as a matter of right. All promotions shall be subject to the available vacancies and shall be done in keeping with the Departmental policies. Furthermore, all promotions shall be made as per the prevailing policy of the Department and shall be subject to eligibility including the requisite qualification.

Rule - 10. Transfer

10.1. :-

The Exclusive Teachers shall be transferable within the State. Initially, at the time of appearing in the Competency Test as per Rule 4, they will be asked 3 preferences of the Districts where they wish to serve. Depending upon their rank in the Competency test, they will either get the district of choice, else the district will be given on the basis of randomization.

10.2. :-

Thereafter, the Exclusive Teachers shall normally be transferred within the District by the District Education Officer keeping in view the commitments under the Right to Education Act, Pupil-Teacher ratio or in public interest. The Exclusive Teachers shall be transferred within or outside the District upon completion of such duration as the Department may decide.

10.3. :-

Notwithstanding anything above, an Exclusive Teacher may be transferred outside the District on Administrative grounds or keeping in view the commitments under the Right to Education Act, Pupil-Teacher ratio or in public interest by Director (Primary) or Director (Secondary) as the case may be. In such case, the concerned Exclusive Teachers seniority shall be redrawn in terms of rule 7.

Rule - 11. Disciplinary Action

The detailed guideline and procedure for disciplinary action against Exclusive Teachers shall be notified separately in consultation with the General Administration Department.

Rule - 12. Repeal and Savings

The District/State Appellate Authority constituted in terms of Bihar State Educational Institutional Teachers and Employees (Grievance Redressal and Appeal) Rules, 2020 shall dispose of the pending cases/matters within 06 months from the date of promulgation of these Rules. Moreover, the District/State Appellate Authority shall not accept any new case from the date of promulgation of these Rules.

Rule - 13. Power to remove difficulty

The Administrative Department shall have powers to clarify any provisions of these Rules and remove any difficulties arising in its implementation by way of notifications and guidelines.

 

Annexure-A