THE ASSAM AIDED HIGH AND HIGHER SECONDARY SCHOOLS AND HIGH MADRASSA EMPLOYEES RULES, 1960

[THE ASSAM AIDED HIGH AND HIGHER SECONDARY SCHOOLS AND HIGH MADRASSA EMPLOYEES RULES, 1960][1]

PREAMBLE

The Governor of Assam is pleased to make the following rules regulating recruitment and conditions of service of persons employed in the Aided High and Higher Secondary Schools and High Madrassas of Assam.

Rule - 1. Short title and commencement.

(1)     These rules may be called the Assam Aided High and Higher Secondary School and High Madrassa Employees Rules, 1960.

(2)     They shall come into force at once.

Rule - 2. Extent of Application.

These rules shall apply to all persons already employed or shall be employed in a Government Aided High and Higher Secondary Schools and High Madrassas coming under these rules on the date of commencement of these rules.

Rule - 3. Definitions.

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

(a)      "Appointing Authority" means the Appointing authority under these rules;

(b)      "Government" means the Government of Assam in the Education Department;

(c)      "Managing Committee" means the "Committee" constituted under the Assam Education Department Rules and Orders;

(d)      "Selection Board" means the Selection Board constituted under the provision of Rules 4(1) and 4(2);

(e)      "Year" means the Calendar Year;

(f)       "Government Aided High or Higher Secondary Schools or High Madrassa" means a High or High Secondary School or High Madrassa receiving maintenance grant from the State Government.

Rule - 4. Method of recruitment.

(1)     Headmasters/ Headmistress -

[(i) There shall be a State Selection Board consisting of the following, viz-

(ii)    The Director of Public Instruction, Assam shall ascertain from various Instructions concerned well ahead of each academic year vacancies that are likely to occur during the year and advertise in at least two newspapers and also in the Assam Gazette and forward to the Selection Board the applications received together with all relevant record indicating at the same time the number of vacancies and the names of the Instructions involved;

(iii)   The Selection Board shall after interview prepare a list of candidates in order of preference and shall forward the list so prepared to the Managing Committees of the Schools concerned;

(iv)   The managing Committee shall make appointments after due vertication and with prior approval of the Inspector of Schools concerned.

(2)     Assistant Headmasters/Assistant Headmistresses of High and Higher Secondary Schools and High Madrassas -

(i)       There shall be a Divisional Selection Board in each Inspectorate consisting of the following, viz?

(ii)      The Inspector of Schools shall ascertain from various Institutions concerned well ahead of each academic year vacancies that are likely to arise during the year and advertise such vacancies in at least two newspapers and also in the Assam Gazette, and forward to the Selection Board the applications received together with all relevant records indicating at the same time the number of vacancies and the names of the institutions involved;

(iii)     The Selection Board shall after interview prepare a list of candidates in order of preference and shall forward the list to the Managing Committee of the Schools concerned;

(iv)    The Managing Committees of the Schools shall make appointment after due vertification and subject to the approval of the Inspector of Schools;

(v)      The Managing Committee shall have powers to fill up the vacancies for a period not exceeding three months subject to the approval of the Inspector of Schools concerned;

(vi)    The list of candidates shall ordinarily remain valid for one year from the date of selection.

[(3) Assistant Teachers .

(a)      There shall be a District Selection Board in each Inspectorate consisting of the following -

(i)       Chairman : The Deputy Commissioner;

(ii)      Member-Secretary : The Inspector of Schools;

(iii)     Members: Principal of a Government College in the District. (If there is no Government College a Principal from a deficit College.)

(iv)    Headmaster of a Government High School in the District. (If there is no Government High School a Headmaster of a Deficit High School);

(v)      An expert to be selected by the Board for each sitting in oral examination.

(b)      The Inspector of Schools shall ascertain from the various institutions concerned well ahead of each academic year vacancies that are likely to occur during the year and advertise such vacancies in at least two newspapers and also in the Assam Gazette and place before the District Selection Board all applications received with all relevant details who shall select through a test or interview or through both and prepare a list of the selected candidates for appointment as Assistant Teachers. Inspector of Schools shall forward a copy of the list of such selected candidates to the Managing Committee of each of the Institutions concerned who shall fill up the vacancies of Assistant Teachers from the list with necessary approval of the Inspector of Schools. The list shall normally remain valid for a year provided that the District Selection Board may extent the period of validity for such period as may be considered necessary under special circumstances but not more than another year."][3]

(4) Office Assistants.

The Managing Committee concerned shall after due advertisement in at least two newspapers make the appointment of Office Assistants subject to the approval of the Inspector of Schools concerned.

Rule - 5. Academic and other qualifications.

(i)       Headmasters/Head mistresses- A candidate shall hold a B.T or Master's Degree in Arts, Science or Commerce and shall have at least ten year's teaching experience. The educational qualification may be relaxed to Bachelor's Degree in Arts, Science or Commerce, if-

(a)      The Headmasters and Headmistresses are already confirmed in their services with due approval of the Inspector of Schools concerned on or before 1st October, 1956 provided that such Headmasters/Headmistresses have put in at least 10 years service as a teacher in a recognised Secondary School;

(b)      The candidate has put in at least 15 years of service as a teacher in a recognised Secondary Schools including 5 years as an Assistant Headmaster or Headmaster or in both the capacities or at least 20 years experience as a teacher in recognised Secondary Schools. In case of Women candidates, however, the candidate may have only 10 years total teaching experience in recognised Secondary Schools;

(ii)      Assistant Headmisteres/Assistant Headmistress - A candidate shall hold at least a degree in Arts, Science or Commerce and shall have at least 5 years teaching experience Which may be relaxed upto 3 years in exceptional cases of outstanding academic career;

(iii)     Other Assistant teachers and office Assistants - The following shall be the minimum qualifications for the appointment of other Assistant teachers:

(a)      a simple pass in the first part of the Degree Examination; or

(b)      a matriculate/Normal; or

(c)      such other qualifications as may be prescribed by Government from time to time.

And, the following shall be the minimum qualifications for the appointment of Office Assistants -

A pass in the High or Higher Secondary School Leaving Certificate Examination, or other equivalent examination. The Managing Committee shall after due advertisement and verification make appointment subject to the approval of the Inspector of Schools concerned.

Rule - 6. Disqualification for appointment.

No person shall ordinarily be eligible for appointment unless he is a citizen of India.

Rule - 7. Probation.

All persons other than menials appointed in High or Higher Secondary Schools and High Madrassas shall be on probation for a period of two years subject to the production of medical certificates as may be prescribed :

Provided that in the event of unsatisfactory work or conduct during the period of probation for which written warning was given to a probationer, or in the event of failure to pass examination or training or test if so prescribed the period may be extended by another year.

Rule - 8. Discharge of Probationer.

A probationer will be liable to discharge from the service -

(a)      if he/she fails to give satisfaction during or at the end of the period of probation;

(b)      if any information received relating to his/her nationality age, health, character and antecedents, the Appointing Authority, is satisfied that the probationer is ineligible or otherwise unfit for holding the appointment.

Rule - 9. Confirmation.

(i)       Where a probationer has completed his/ her period of probation to the satisfaction of the Appointing Authority, he/she be confirmed in the service on completion of 2 year's probation with prior approval of the Inspector of Schools concerned;

(ii)      Efficiency Bar - The Managing Committee shall allow the employees to cross the efficiency Bar on the basis of character roll and other service records with the prior approval of the Inspector of Schools concerned :

Provided that the Inspector of Schools may withhold the permission or allow the employees to cross the efficiency bar from a date later than the due date if he so considers necessary.

Rule - 10. Character Rolls and Service Books.

Character Rolls of Headmasters/Headmistresses shall be kept in the custody of the Director of Public Instruction and the Character Rolls of the Assistant Headmaster/Assistant Headmistresses and Assistant Teachers shall be kept in the custody of the Inspector of School concerned. For Headmaster/Headmistresses the Inspector of School shall initiate the entry in their Character Rolls and the Director of Public Instruction shall be reviewing and accepting authority. For Assistant Headmasters/ Headmistresses and Assistant Teachers, the Headmasters/ Headmistresses shall initiate the entry in their Character Rolls and Inspector of Schools concerned shall be reviewing and accepting authority. For Office Assistants the Headmasters/Headmistresses shall initiate the entry in their Character Rolls and the Inspector of Schools shall be the reviewing and accepting authority.

Service Books shall be maintained in the prescribed form for the Headmasters/Headmistresses by the Inspector of Schools concerned, and in respect of all other employees excluding Grade IV, by the Headmasters/Headmistresses concerned.

Rule - 11. Superannuation.

An employees of Aided High and Higher Secondary Schools and High Madrassas shall retire on attaining the age of 60 years.

[Deleted ][4]

Rule - 12. Re-employment.

No person other than a retired teacher from a Government educational Institution, who has already attained the age of 55 years, shall ordinarily be re-employed as a High and Higher Secondary Schools and High Madrassa teacher. Retired teacher from Government educational Institution may, however, be re-employed on contract basis in Government Aided High and Higher Secondary Schools and High Masrassas provided they are certified by a Medical Officer duly authorised for the purpose as physically and mentally fit.

Re-employment of persons under this rule shall be subject to the provisions for Rull 11 and such other terms and conditions not inconsistent with these rules as may be mutually agreed upon between the Managing Committee and the person concerned with the approval of the Inspector of Schools.

Rule - 13. Appeal by the Managing Committee.

A Managing Committee aggrieved by an order passed by the Inspector of Schools under these rules may within 30 days of the receipt of such orders prefer an appeal to the Director of Public Instruction against the orders passed by the Inspector of Schools. A copy of the order appealed against must invariably accompany such application. The order of the Director of Public Instruction on appeal shall be final.

An employee aggrieved by any order of the Managing Committee may within 15 days of receipt of such order prefer an appeal to the Inspector of Schools and to the Director of Public Instruction against the order of the Inspector of Schools within 30 days of receipt of Inspector of School's order through proper channel.

Rule - 14. Contributory Provident Fund.

Every teacher who has been confirmed shall subscribe to the Contributory Provident Fund according to the rules prescribed in the Education Department rules and Orders.

Rule - 15. Savings.

(1)     Except appointment not confirmed prior to first October, 1956, all things done or action taken before the commencement of these rules shall be construed as validly done or taken under the corresponding provisions of these rules.

(2)     All appeals and other matters pending before any authority on the date of the commencement of these rules shall be transfered to and be treated as pending before the appropriate authority under these rules.

(3)     Notwithstanding anything contained in the foregoing rules in respect of appointments, Government may at any time call for the records and pass necessary order after examination thereof.

Rule - 16.

On the basis of reports and/or inspection, the Inspector of Schools may direct the Managing Committee of a High and Higher Secondary School and High Madrassa to enquire into the conduct of any employee and also to take such action as considered appropriate by him.

Rule - 17.

The Director of Public Instruction or the Inspector of Schools may direct a Managing Committee to take disciplinary action against any of its employees, and such direction shall be promptly carried out by the Committee. The Managing Committee will observe the necessary formalities required for the purpose.