1. AppointmentsAll appointments to all categories of employees except Group 'D' as per Govt of India gradation shall be made by the managing committee either by direct recruitment or by promotion through a selection committed constituted by the school in accordance with the rules and regulations. The managing committee may decide which shall be consistent with the norms of the Board. Appointing authority for Group 'D' employees will be the Principal through constituted selection committee.
2. The Selection Committee shall include:-
(a) In the Case of Recruitment of the Head of the School(i) The President of the Trust/Society.
(ii) The Chairman of the Managing Committee.
(iii) An educationalist, nominated by the Managing Committee. and
(iv) A person having experience of administration of schools nominated by Managing Committee.
(b) In case of Recruitment of Teachers and Peon(i) The Chairman of recruitment of teachers and peon.
(ii) The head of the school.
(iii) An educationalist, nominated by the managing committee. and
(iv) A subject expert
(c) In case of Recruitment of Clerical staff/Lab Assistant(i) The Chairman of the managing committee and any member of managing committee nominated by the Chairman.
(ii) The Head of the School.
(iii) Manager/Correspondent of the School.
(d) In case of Recruitment of Class IV StaffEvery employee shall be required to produce the following certificates at the time of the appointment in the school:-
(i) Medical certificate of fitness from an established or maintained by the Govt for local authority.
(ii) Two certificates from educationist of any other respectable of society, not related to the candidate, certifying the character and conduct to the satisfaction of the school authorities.
(iii) Original degree/diploma, certificate along with the certificates of Experience, if any, with attested photocopies of the original certificates will be returned after verification.
3. ProbationExcept in case of a purely temporary vacancy or leave vacancy or for a specific post of temporary nature, every employee shall on initial appointment be on probation for a period of one year from the date of his/her joining the duties. The period of probation may be exceeding one year. Services of an employee during probation may be terminated by the committee without assigning any reason by giving one month notice in writing or one month salary including all the allowance.
4. Confirmation(i) If the work and conduct of any employee during the period of probation are found to be satisfactory, he/she will become eligible for confirmation on
the expiry of the period of probation or the extended period of probation as the case may be, with effect from the date of expiry of the said period provided he/she fulfils other requisite conditions. (ii) The employee shall be informed of his confirmation within 3 months of the completion of probation period.
5. Termination of Service due to Abolition of Posts etc.(i) If any employee at any time after confirmation intends to resign, he/she shall give three months notice in writing or three months salary with allownce to the committee.
(ii) The committee shall also be competent to terminate the services of confirmed employee only in case of abolition of a post due to closing down of the school, class reduction in the number of sections or discontinuance of a teaching subject by giving three months notice in writing or three months salary including allowances.
(iii) The committee shall have the power to relax the period of notice or payment of salary in special circumstances
6. Retirement(i) Every employee shall retire from service on attaining the age of super annuation as per crresponding categories of employees of aided/unaided schools of the Statte/UT concerned.
(ii) The managing committee may grant extensions as per rules of State/UT if the employee has no mental or physical disabilities and his/her services are beneficial to the institution.
7. Working Days and Working Hours(i) The working days and holidays will be as per Statte Govt schools or Kendriya Vidyalayas.
(ii) The working hours will be such as may be specified from time to time by the Principal. Normally working hours will confirm to the Kendriya Vidyalayas.
(iii) Working hours may be different for teaching and non-teaching staff as may be specified by the Principal.
(iv) As and when required an employee may be assigned any special duty even if it is to be done beyond the normal working hours in the interest of the school.
(v) An employee is also required to conduct an organize co-curricular activities and perform other duties even beyond the normal working hours.
8. Number of Teaching Periods(i) Normally a teacher should be engaged as a whole time employee except in special circumstances because of the nature of nature of a subject where the work load does not justify a whole time teacher.
(ii) Every teacher shall devote in a year not less than 1200 hours to the teaching of the students out of which not more than 200 hours may be required to be devoted for the coaching in the school hours.
(iii) Provided that if any teacher is required to de vote more than 1200 hours to the teaching of the students extra remuneration shall be paid to him/her at such rate as may be determined by the managing committed for every hour in excess of 1200 hours devoted by him/her to the teaching of the students.
(iv) In case of an aided school, the extra remuneration referred to the sub-rule 32 (3) shall be subject to the previous approval of the grant-in-aid authority to qualify for aid 90% of such extra remuneration may be recovered may be recovered from the students at such proportionate rate as may be determined by the managing committee.
9. Maintenance of Fee Card by the Teachers(i) A teacher is expected to maintain the following documents and also any other record as may be specified from time to time.
(a) Attendance Register of the class for which he/she is the class teacher.
(b) Personal log book and class log book, program of instructions and lesson plan.
(c) Cumulative result of the class.
(d) Stock Register of properties held him/her.
(e) CRB (Cumulative Record) of the class for which he/she is a class teacher.
(f) Fee collection book of the class.
10. Attendance of Employees(i) Every employee is expected to reach the school punctually and sign the attendance register on arrival before the working of the school begins and also mark the time of departure.
(ii) An employee who has not signed the attendance register as above is liable to be considered absent from duty for that date.
11. Contributory Provident Fund - Pension Scheme(i) Employee except those employed in temporary vacancies and on part Time services, will be required to become members of the contributory Provident Fund Scheme as required under the Employees Provident Fund Miscellaneous Provisions Act 2004 or shall be eligible for pensions and Gratuity if adopted by the school.
(ii) Those eligible for pension shall pay as per non govt employees.
12. Representation(i) Representations to the Management Committee, Chairman of th Trust/ Society or Manager may be made only through principal in case of Teacher/other employee.
(ii) The Principal may submit his representation to Managing Committee/Chairman of the Trust/Society through his next higher up Manager/Correspondent of the School.
13. Permission to Add Qualification(i) No teacher shall be permitted to apply for adding qualification before Completing two years of service.
(ii) Individual cases duly recommended by the Principal may be considered when due by the Managing Committee as also under special circumstances before completion of 02 years.
14. Application for Another Post(i) No member of the staff shall apply for employment else where without Notifying through the principal in writing to the SMC which may grant such permission.
(ii) At the time of appointment each candidate will be required to declare Particulars about all other application he/she might put in for jobs.
15. Private and Other Tuitions(i) No staff member shall undertake private or any other tuition without prior Permission in writing of the principal/head of the institution. (ii) Group Tuition in the school shall not be allowed.
16. LeaveEvery employee shall be entitled to such leave as are admissible to the Employee of a corresponding status in govt schools.
17. Grant of Leave(i) Leave cannot be claimed and shall depend on the exigencies of the Institution and shall be at the discretion of the Principal/Manager.
(ii) Except in unavoidable circumstances, applications for leave in writing Reasons should reach the principal on the day of absence. When a phone message is sent, it should be confirmed in writing by the subsequent day. Merely applying for the leave is not tantamount to sanction of leave and it has to be sanctioned by the sanctioning/competent authority.
NOTE: An application for leave of extension should ordinarily be in good time before the date from which the leave of its extension is sought. If any employee does not apply within seven days of the expiry of leave for further leave, or has been absent from the school without leave for ten school days, the employee may be deemed to have described his/her post.
18.(a) Every employee shall be governed by the code of conduct which is made by the committee managed from time to time. The following acts shall constitute breach of code of conduct :
(i) Habitual late coming and negligence of duties.
(ii) Use of abusive language, quarrelsome and riotous behaviour.
(iii) Unrespectful behaviour, rumor mongering and character assassination.
(iv) Insubordination and defiance of lawful order.
(v) Making false accusation or assault either brooked of otherwise.
(vi) Use of liquor or narcotics on the school premises or public places.
(vii) Embezzelment of funds or misappropriation of school property or theft or fraud.
(viii) Intentional destruction of school records and property.
(ix) Making sustained neglect in correct class work or home work.
(b) All the teachers are expected to be exemplary in their public and private life. Their loyalty, sense of dedication and integrity of character at all time should be an inspiration to the youth committed to their care. The teacher shall attend to this duties with care and commitment, be punctual in attendance and dutiful in respect of classroom and also for any other work connected with the duties assigned to him by the Head of the School or the Board. He shall abide by rules and regulations of the school and carry out the lawful orders and also show due respect to the constituted authorities.
(x) Making private union without permission of school authorities.
(xi) Absenting from work even though present in the school premises without leave.
(c) The following shall not be deemed as breach of the Code of Conduct. :
(i) To appear at an examination to improve qualification with the permission of the employer.
(ii) To become or to continue to be a member of any religious, literary, scientific or professional organization or cooperative society.
(iii) To orbanise or attend any meeting outside the school hours subject to the condition that such meeting is held outside the school premises.
(iv) To make any representation to the management for the redressal of any bonafide grievances, subject to the indecorous language.
19. Service Book and Confidential Rolls(i) Service Book containing factual record of the employee, salary scale, increments, promotions, leave-record, any disciplinary action or reward etc shall be maintained for each employee on the form prescribed by the Education Directorate of the State/UT concerned. The signature of the employee shall be obtained for entries in the service book. Service book should be duly attested by the Head of the School in the case of employees and by the person/authority/the manager/secretary/correspondent in the case of Head of the Institution.
(ii) Annual Confidential roll shall be maintained by the school for every employee including the Head of the Institution. The confidential roll will contain assessment of work of the employee during the academic year including results. Confidential rolls for the employees shall be written by the Head of the Institution and for the head of the Institution by the Manager/Secretary/Correspondent.
(iii) Personal files shall be maintained by the school for each employee. The original certificate/degrees shall be returned to the employees after verification and Xerox copies kept in the personal files. School authorities should not keep the original certificate with them.
20. Disciplinary Procedure(a) The School Management Committee may place an employee under suspension where:-
(i) Disciplinary proceedings against thim are contemplated of pending. Or
(ii) A case against him/her in respect of any criminal offence is under investigation as trail. Or
(iii) He/She is charged with misbehavior towards any parent, guardian, student or employee of the school.
(iv) He/She is charged with breach of any other code of conduct.
(b) No order for suspension shall remain in force for more than six months unless the committee, for reasons to be recorded by it in writing directs the continuation of the suspension beyond the period of sic months.
(c)Where the Principal/Manager intends to suspend any of the employee such intention shall be communicated to the Chairman of the School Managing Committee and no such suspension shall be made except with the prior approval of the chairman of the committee provided that the Principal/Manager may suspend if he/she is satisfied that such immediate suspension is necessary by employee with immediate effect and without the prior approval of the chairman of the committee if he/she is satisfied that such immediate suspension is necessary by reasons of the gross misconduct within the meaning of the Code of Conduct or involves moral turpitude. Provided further no such immediate suspension or suspension made with the approval of the chairman of the committee shall enforce for the date of suspension unless it has been communicated to the committee and approved by it be fore the expiry of the said period. Where the intention to suspect, or the immediate suspension, it may, it is satisfied that there are adequate and reasonable grounds for such suspension accord its approval to such suspension.
(d) An employee shall be deemed to have been placed under suspension by an order of the School Managing Committee.
(i) With effect from the date of the detention, if he/she is detained in Custody for period exceeding forty eight hours on a charge of an offence which in the opinion of the Committee involves moral turpitude.
(ii) With effect from the date of his/her conviction if in the event of an Offence involving in the opinion of the Managing Committee moral Turpitude, he/she is sentenced to a term of imprisonment exceeding forty eight hours and is not forthwith dismissed or removed or compulsorily retired from service consequent on such conviction.
ExplanationThe period of 48 hours referred to in his rule shall be computed from the commencement of detention or conviction as the case may be and or this purpose intermittent period of detention shall be taken in account.
(e) Where a penalty of dismissal, removal of compulsory retirement from service imposed jupon an employee is set aside or rendered void, in consequence or or by a decision of a court of law and the disciplinary authority on a consideration of the circumstances of the case decides to hold further inquiry against such employees on the same allegations on which the penalty of dismissal, removal or compulsory retirement was originally imposed such as an employee shall be deemed to have ben placed under suspension by the committee from the date original order of dismissal, removal of compulsory retirement and shall continue to remain under suspension until further orders provided that no such further inquiry shall be ordered unless it is indented to meet a situation where the court has passed and order properly on technical ground without going into the merits of the case.
(f) An order of suspension made or deemed to have been made in these rules shall continue to remain in force until it is modified or revoked by the committee.
(g) Where an employee is suspended or is deemed to have been suspended and any other disciplinary proceeding is commenced against him during the continuance of that suspension, the committee may for reasons to be recorded by it in writing, direct that the employee shall continue to be under suspension until the termination of all or any such proceeding.
(h) An order of suspension made or deemed to have been made under these rules may at any time be modified or revoked by the committee.
(i) Suspension Allowance An employee under suspension shall in relation to the period of suspension entitled to the following payment namely :
(A) A subsequent allowance at an amount equal to one half of the pay last by him/her and in addition to such pay, dearness allowance at an appropriate rate to be paid in the same manner as the salary.
(B) Any other compensatory allowance admissible, from time to time on the Basis of pay which the employee was in receipt on the date of suspension. Provided that the employee shall not be entitled to the compensatory allowance unless the committee is satisfied tht the employee continued to meet the expenditure for which such compensatory allowance is admissible. Provided that where the period of suspension is extended beyond three months, the committee shall be competent to vary the amount of subsistence allowance for the period of first three months as follows :-
(i) The amount of subsistence allowance may be increased by a suitable admissible for the period of the first three months if in the opinion of the committee to be recorded in writing, the period of suspension has been prolonged due to reasons not directly attributable to the employee.
(ii) The amount of subsistence allowance may be reduced by a suitable amount not exceeding 50% of the subsistence admissible during the first three months, if in the opinion of the Appointing Authority, the period of suspension has been prolonged due to reasons to be recorded in writing directly attributable to the suspended employee.
(C) No amount of subsistence allowance shall be made unless the employee furnishes a certificate to the effect that he/she is not engaged in any other employment, business, profession or vocation. Provided that in the case of an employee dismissal, removal or compulsory retirement from service, who is deemed to have been replaced or to continue under suspension and who fails to produce such certificates for any period or periods during he/she shall be entitled to the subsistence allowance that would otherwise be admissible to him/her nothing in this provision shall apply to him/her.
(J) Where a suspended employee is exonerated after disciplinary proceedings of where any criminal persecution against a suspended employee ends with an honourable acquittal, the salaries and allowance of such employee minus the subsistence received by him/her was suspended.
21. Penalties(a) The following penalties may for good and sufficient reasons including the breach of one or more of the provisions of the code of conduct may be upon an Employee:
(1) Minor Penalties(aa) Censure.
(bb) Recovery from pay, the whole or any part of any pecuniary loss caused to the school negiligence or breach of trust.
(cc) Withholding of increment of pay.
(2) Major Penalties:(aa) Reduction of Rank.
(bb) Compulsory Retirement.
(cc) Removal from service, which not be be a disqualification for future employment in any school run by the socieity.
ExplanationThe following shall not amount to a penalty within the meaning of this rule, namely:-
(a) Retirement of the employee in accordance stating representation up to retirement.
(b) Replacement of a teacher who was not qualified on the date of his/her appointment by a qualified one.
(c) Discharge of an employee appointed on a short term officiating vacancy caused by the grant of leave suspension on the like.
22. Procedure of Imposing Minor Penalty(1) No order incase of a minor penalty shall be made except after informing the employee of the proposal to take action is against him/her and the allegation on which such action is proposed to take and except after ganging to the employee an opportunity to make any representation against the proposed action.
(a) The disciplinary authority shall frame definite charges on the basis of the allegation on which the inquiry is proposed to be held and a copy of charges together with the statement of the allegation on which they are based shall be furnished to employee and he/she shall be required to submit within such time as may be specified by the disciplinary authority but later than two weeks, a written statement of his/her defense and also to state whether he/she desires to be heard in person.
(b) On receipt of the written statement of defense, or where no such statement is received within the specified time, the disciplinary authorities may itself make inquiry into such of the charges as are not admitted of it considers to do so, appoint an inquiry officer for the purpose.
(c) At the conclusion of the inquiry, the inquiry officer shall prepare a recent of the inquiry recording his findings on each of the charges and if the disciplinary authority is of the opinion that any of the major penalties should be imposed, it shall :
(d) The disciplinary authority shall consider the report of the inquiry and record its finding on each charges and if the disciplinary authority is of opinion that any of the major penalties should be imposed, it shall :
(i) Furnish the employee a copy of the report of the inquiry Officer, where an inquiry has been made by such officer.
(ii) Give him/her notice in writing stating the action proposed to be taken in regard to him/her to submit within the specified time, bit exceeding two weeks such representation as he/she wish to make against the proposed action.
(iii) On receipt of the representation, if any, made by the employee, the disciplinary authority shall determine what penalty, if any should be imposed on the employee and communal care its tentative decision to impose the penalty to for its prior approval.
(iv) After considering the representation made by the employee against the penalty, the disciplinary authority shall record its findings as to the penalty, which it proposes to impose on the employee and send its findings and decision to the committee for its approval and while doing so the disciplinary authority shall furnish to the employee all relevant records of the case including the statement of allegation, charges framed against the employee, a copy of the inquiry report, where such inquiry was made, and the proceedings of the disciplinary authority.
(2) No order with regard to the imposition of a major penalty shall be made by the disciplinary authority except of the approval of the committee.
23. Payment of Pay and Allowances on Reinstatement(1) When an employee who has been dismissed, removed of Compulsorily retired from service is reinstated as a result of appear or would have been so reinstated but for his retirement on superannuation while under suspension proceeding the dismissal, removal or compulsory retirement as the case may be, the committee shall consider and make specific order :
(a) with regard to the salary and allowances to be paid to the employee for the period of his absence from duty, including the period of suspension proceeding his dismissal, removal or compulsory retirement, as the case may be and
(b) Whether or not the said period shall be treated as the period spent on duty.
(2) Where the committee is of the opinion that the employee who had been dismissed removed or compulsorily retired from service has been duly exonerated, the employee shall be paid the full salary and allowances to which he would have been entitled had he not been dismissed, removed or compulsorily retired from service, or suspended prior to such dismissal removed or compulsorily retirement from service as the case may be. Provided that where the committee is of the opinion that the termination of the proceedings instituted against the employee had been delayed due to reasons directly attributable to the employee to make representation, if any made by it in writing, that the employee shall be paid for the period of such delay only such proportion of the salary and allowance as it may determine.
(3) The payment of allowances shall be subject to all other conditions under which such allowances are admissible and the proportion of the full salary and allowances determined under the provisions to sub Rule 48 (2) shall not be less than the subsistence allowance and other admissible allowances.
24. Disciplinary Committee(1) In case the employee wishes to appeal against the order of the Disciplinary Authrority, the appeal shall be referred to a disciplinary committee. The Disciplinary Committee shall consist of the following :-
(a) The Chairman of the School Managing Committee and in his Absence any member of the committee nominated by him.
(b) The Manager of the School, and where the disciplinary proceeding is against him/her any other person of the committee nominated by the Chairman. (c) The Head of the School, except where the disciplinary proceeding is against him/her, the head of any other school nominated by the CBSE Director in case the Act so provides.
(d) One teacher who is member of the School Managing Committee of the School nominated by the Chairman of the Committee.
(2) The Disciplinary Committee shall carefully examine the re cords recorded by the Disciplinary Authorities and the representation by the employee and orders it may deem fit.
INTERPRETATION, REAPPEAL AND SAVING
(1) The existing provision regarding affiliation regulation and any notification or orders issued there under are hereby repealed by these Bye-Laws, provided that :
(2) Such repeal shall not affect the previous operation of the said regulation or any notification or orders made or anything done, of action taken there under.
(a) Any proceeding under the same Regulations pending at the commencement of thes Bye-Laws shall be continued and disposed of as for as may be, in accordance with the provisions to these Bye-Laws, as if such proceedings were proceedings under these Bye-Laws.
(b) Nothing in these Bye-Laws shall be construed as depriving any person to whom these Bye-Laws, apply, or any right of appeal which had accrued to him under the Regulation, notification or orders in force before the commencement of these Bye-Laws.