-
Sections
Rule - 1. Short title, extent and commencement.
THE ASSAM ELEMENTARY
EDUCATION (PROVINCIALISATION) SERVICE AND CONDUCT RULES, 1981
[THE ASSAM ELEMENTARY EDUCATION (PROVINCIALISATION) SERVICE
AND CONDUCT RULES, 1981][1]
PREAMBLE
In exercise of the power
conferred under Section 27(1) of the Assam Elementary Education
(Provincialisation) Act, 1974, the Governor of Assam is pleased to frame the
Assam Elementary Education (Provincialisation) Service and Conduct Rules, 1981,
regulating the service conditions of the Elementary School Teachers and Employees
and the same is published in the Official Gazette for general information of
all concerned.
Rule - 1. Short title, extent and commencement.
(1) These
rules may be called the Assam Elementary Education (Provincialisation) Service
and Conduct Rules, 1981.
(2) The extent
of application of these rules will be same as that of the Assam Elementary
Education (Provincialisation) Act, 1974.
(3) These
rules shall come into force with immediate effect.
Rule - 2. Definitions.
In these rules, unless there is anything repugnant in the
subject or context-
(i) "Act"
means the Assam Elementary Education (Provincialisation) Act, 1974;
(ii) "Government"
means the State Government of Assam;
(iii) "Sanctioned
Post" means the post sanctioned by the Government either during the regime
of the Board as constituted under the Assam Elementary Education Act, 1968 of
after provincialisation and post created by the Board during the regime of the
Board;
(iv) "Period
of Service" means the period of continuous service against a sanctioned
post;
(v) "Date
of recognition" means the date from which the teachers and other Employees
of the Board constituted under the Assam Elementary Education Act, 1968 are
holding a substantive post;
(vi) "D.E.E."
means the Director of Elementary Education;
(vii) "Jt.
D.E.E." means the Joint Director of Elementary Education;
(viii) "D.I."
means the Deputy Inspector of Schools;
(ix) "C.P.F."
means the Contributory Provident Fund;
(x) "G.P.F."
means the General Provident Fund;
(xi) "Board"
means the State Board for Elementary Education and the Regional Boards, as the
case may be, as constituted under the Assam Elementary Education Act, 1968;
(xii) "Service"
means the service rendered under the State Board for Elementary Education
constituted under the Assam Elementary Education Act, 1968 and service rendered
under the Government before or after provincialisation both in respect of
teachers and other employees;
(xiii) "Teachers
Training" means the Junior Basic Training, Senior Basic Training, Normal
Training, Pre-primary Training or any other training recognised by the
Government from time to time;
(xiv) "All
other words and expressions shall have the same meaning as assingned to them in
the Act;
(xv) "Employee"
means the employees of the establishment of the Director of Elementary
Education and D.I. of Schools including Elementary and Pre-Primary School
Teachers, School Chowkidars and School Mothers etc.
PART – II SERVICE CONDITIONS
FOR TEACHERS AND OTHER EMPLOYEES OF THE ELEMENTARY SCHOOLS
Rule - 3. Term and Conditions.
[(i) The services of
all teachers of Elementary Education taken over by the Government on
provincialisation on 5th September, 1975, as provided under Section 3 of the
Assam Elementary Education (Provincialisation) Act, 1974, as amended, shall be
subject to the following conditions-
(a) Services
rendered during the repealed Acts : The Assam basic Education Act, 1954 (Act
XXVI of 1954), the Assam Elementary Education Act, 1962 (Act XXX of 1962), and
the Assam Elementary Education Act, 1968 (Act XVIII of 1969) shall be counted
towards pension and other retirement benefits provided such services are
substantive and permanent.
Explanation : Services rendered temporarily against leave
or deputation vacancies shall be excluded.
(b) They shall
be entitled to such scales of pay and allowances and other benefits as may be
admissible to the Teachers of corresponding rank of the Government School
services with effect from the date of provincialisation.
(c) They shall
be superannuated on attending 58 years of age];[2]
(ii) The services of teachers shall be encadred in
the respective cadre of the existing Government School service of the
corresponding" rank;
(iii) The inter-se-seniority of the teachers
belonging to a cadre/class/grade shall be determined as per existing Government
rules.
(iv) In the case of any dispute the Director of
Elementary Education shall determine the seniority on the basis of such
evidence as may be necessary, in accordance with Government instruction issued
in this regard from time to time;
(v) The minimum qualification for the posts of
teacher in Elementary Schools shall be Matriculation;
The Teachers on appointment should be required to undergo
Junior Basic or Normal Teachers, Training course or any other training
recognised by the Government;
(vi) Recruitment to the posts of teachers in
Elementary Schools shall be made under the provisions of Part-I of Rule 3 of
the Assam Elementary Education (Provincialisation) Rules, 1977;
(vii) Unless
otherwise directed by the Government the cadre of teacher of a provincialised
School shall be the cadre to which he is entitled to be admitted on the date of
provincialisation as shown in the Schedule-I.
Rule - 4. Confirmation.
Subject to availability of a permanent vacancy every
member of the service shall be confirmed in the cadre/ class/grade to which
he/she is appointed substantively, if,-
(a) he/she has
completed at least 3 years continuous service after provincialisation;
(b) he/she has
successfully undergone necessary training as may be prescribed by this
Department and facilities for which have been offered to him/her by the Department
during the period of 3 years :
Provided that these teachers who have completed 45 years
of age or have completed 3 years of continuous service after provincialisation
but no facilities have been provided to him/her for the prescribed training, will
be confirmed provided there is nothing adverse against him :
Provided that all teachers whose services have been
confirmed and approved by the State Board of the Regional Board prior to 5th
September, 1975 shall be deemed to have been confirmed duly with effect from
the date of such confirmation.
Rule - 5. Promotion.
(a) The post
of Head Pandit shall be a promotional post. Appointment to the posts shall be
made on the basis of seniority-cum-efficiency on the recommendation of a
Sub-divisional Selection Committee to be constituted by the Director of
Elementary Education.
(b) Other
provisions relating to conditions of service except as provided in these rules,
all matters relating to pay, allowances, leave, pension, discipline and other
conditions of service shall be regulated by the general rules framed by the
Government from time to time.
Rule - 6. Pension and Gratuity etc.
The teachers shall be entitled to pension, gratuity and
other pensionary benefits as admissible to the Government employees. The
teachers who opt for pension scheme will discontinue their C.P.F. contribution
and open fresh G.P.F. account and deposit the amount of their own C.P.F.
contribution along with interest accured thereon into G.P.F. Account so opened.
For the perpose of pension the period of service shall be
counted from the date on which they were qualified to receive the benefit of
C.P.F. during the Boards regime.
Rule - 7. Suits and proceedings.
No suit or other legal proceedings shall lie for anything
done in good faith under these rules except with the previous sanction of the
Government.
PREPARATION AND
MAINTAINANCE OF SERVICE RECORDS
Rule - 8.
The D.I. of Schools or any other authorised Officer shall
maintain Service Books, leave Account, Character Roll and other records as may
be necessary for the employees working under him in the forms prescribed by the
Government. It is the responsibility of the D.I. of Schools to the entries in
the Service Books/Records. Service Books shall be opened at the beginning of
the service.
Rule - 9.
If any dispute arises about interpretation of any
provision of these Rules, interpretation of the Government shall be final.
Rule - 10.
Terms and Conditions of service of the Office Staff of
the Director of Elementary Education and D.I. of Schools (defunct State Board
and Regional Board) as shown in the Schedule-II.
[(1) The services of
the non-teaching employees of the State Board and the Regional Board inclusive
of the Staff of the Directorate of the Elementary Education and the Office of
the D.I. of Schools and other establishment as shown in schedule-II taken over
on provincialisation on 5th September, 1975 shall be subject to the terms and
conditions as laid down in Rule 3(1) of part-II of the Rules as amended. These
employees shall be entitled to such scale of pay and allowances and other
benefits as admissible to Government employees of the corresponding ranks.
The employees so taken over shall not draw pay and
allowances etc, at the rate less than that which they used to draw on the date
of provincialisation.
The services of the employees other than the teachers
shall cover.][3]
(a) All the
employees of the State Board for Elementary Education (holding both the cadre
and Ex-cadre Posts) entertained under the provisions of the Assam Elementary Education
Act, 1968 and employees appointed after provincialisation, shall enjoy all the
benefits as admissible to the Government employees of the corresponding ranks
of the Offices of the Heads of the Department of the Government provided that
if there is no such post or posts with corresponding scales of pay in the Heads
of Departments Offices such post or posts created and entertained by the Board
shall be retained and status quo maintained.
(b) All
employees of the Regional Boards Offices entertained under the provisions of
the Assam Elementary Education Act, 1968 and employees appointed after
provincialisation, shall enjoy all the benefits as admissible to the employees
of the corresponding ranks of the District Offices of the Government.
(c) The Office
employees of the Offices of the Junior Basic Training Centres, Senior Basic
Training Centres and Pre-Primary Training Centres shall be under the direct
control of the Directorate of Elementary Education for all purposes.
The same rules mutatis mutandis shall be applicable
to the Office employees of the Offices of the D.I. Schools and Normal Schools
and these employees shall be under the direct control of the Directorate of
Elementary Education.
(d) Chowkidars,
Peons, Jamadars, Duftries and Drivers etc. will be entitled to all the benefits
as admissible to the Fourth Grade employees of the State Government.
(2) The Office employees under the Directorate of
Elementary Education shall be entitled to pension, gratuity and such other
retirement benefits as admissible to the other Government employees.
(3) All
matters relating to pay and allowances, leave, pension, discipline and
punishment etc. and the other conditions of service shall be regulated by the
general rules framed by the Government from time to time.
(4) (a)
The age of retirement of the employees except Fourth Grade employees shall be
the date as applicable to the Government employees.
(b) The age of retirement for the Grade IV employees will
be the date on which he/she attains the age of 60 years.
Rule - 11.
If any dispute arises about interpretation of any
provision of these Rules the interpretation of the State Government shall be
final.
Rule - 12.
The Government may at any time amend any of the Rules as
prescribed in the Act.
L.P./Jr. Basic/Pre-Primary
School Teachers.
(a) (i)
Trained/Intermediate.
(ii) Untrained.
(iii) Pre-Primary.
(b) (i)
Non-Matric Non-Trained.
(ii) Non-Matric Jr. Basic Trained/Matric.
(iii) Matric Junior Basic Trained.
(iv) Matric Normal/Matric Sr. Basic/Intermediate Hindi Teachers/Non-Matric
Normal.
Establishment of
Office of the Director of Elementary Education
1.
Accounts Officer.
2.
Registrar.
3.
Superintendent.
4.
Inspecting Auditor (Ex-cadre Post).
5.
Accountant.
6.
Upper Division Assistant.
7.
Nazir.
8.
Lower Division Assistant.
9.
Routine Assistant.
10. Typist.
11. Stenographer.
12. Duftry.
13. Chowkidar/Peon.
14. Driver.
(a) Head
Assistant.
(b) Upper
Division Assistant.
(c) Cashier.
(d) Lower
Division Assistant.
(e) Duftries/Chowkidars/Peons.
|
PAY SCALES OF TEACHERS OF ELEMENTARY SCHOOLS[4] |
|
|
1. Headmaster, M.E./M.V./Senior Basic Schools. |
Rs.
3580-90-4480-120-4720-EB-120-5200-175-6600-250-8100-325-8750/ - |
|
2. Junior (Under Graduate) Teachers of High School/
Teachers of M.E./ |
Rs. 3130-60-3490-90-4030-EB-90-4480-120-5200-175-6600/- |
|
M.V./Senior Basic Schools/Assistant Sub-Inspector of
Schools. |
|
|
3. Trained and P.U./H.S.S.L.C. |
Rs. 3130-60-3490-90-4030- |
|
Passed Teachers. |
EB-90-4480-120-5200-175-6600/- |
|
4. Untrained Teachers. |
Rs. 3130-60-3490-90-4030-EB-90-4480-120-5200-175-6600/- |
|
5. Craft Teachers.(Matriculate) |
Rs. 3010-60-3490-90-3850-EB-90-4480-120-5200-175-6075/- |
|
Craft Teachers.(Non-Matriculate) |
Rs.
2890-60-3490-90-3670-EB-90-4480-120-5200-175-5725/-. |
[1] Published
in the Assam Gazette; Extraordinary No.37, dated 27-5-1982.
[2]
Substituted Rule 3 (i) vide Noti. No. EPS.34/76/184, dated the 7-3-1989 (with
effect from 27th May, 1982), published in the Assam Gazette, Part-IIA, dated
the 29-3-1989.
Before substitution Rule 3 (i) read as follows-
"3 (i) All Teachers of Elementary Schools and
Pre-Primary Schools maintained by the regional Board of Elementary Education
constituted under Section 13 of the Assam Elementary Education Act, 1968 shall
be deemed to be employees of the Government with effect from the date of the
provincialisation of their services under the Act. Those teachers shall be
entitled to such scales of pay and allowances and other benefits as may be
admissible to the teachers of corresponding rank in the Government Schools
Services. For pensionary benefits the services of those teachers shall be
counted from the date on which they were qualified to receive the benefit of
C.P.F. contribution during the Board 'regime."
[3]
Substituted Rule 10(1) vide Notification No. EPS. 34/76/184 dated the 7-3-1989
(with effect from 27th May, 1982), published in the Assam Gazette Part-IIA,
dated the 29-3-1989.
Before substitution, Rule 10(1) read as follows-
"10. (1) The services of the employees of the State
Board or the Regional Board entertained under the provisions of the Assam
Elementary Education Act, 1968, shall be deemed to be employees of the
Government with effect from the date of provincialisation of their service
under the Act. The employees shall be entitled to such scales of pay and
allowances and other benefits as admissible to Government employees of the
corresponding ranks.
The services of the employees other than the teachers
shall cover."
[4] Report of
Assam Pay Commission, 1994 published in Assam Gazette, Extraordinary No. 134,
dated the 4th July, 1998.