Section Document
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a *rHE puNJAB,rFIv rE#-il1i,ff:#o*r"oc NrsrD scH EMpLoyEES (sEc unmy oF-s-enVrctl Eutes, rs7 s Puniab Act No. lg of lrg7g An,!']r!?ff"y,11f:: ?:r:r:tv-gf seryic^e t9 gmptoyses of privatery m recosnis,ed schobb th the st6t;-i p";io;';;di;; ;r#;;i;'7:"';::m therewith and incidental ihireto. Be it enacted, Fv tb.- Lesislitur" oflir" Stii"'"i"punjab in the Thirrie& Year of the Republii of Indii u, iotto*r",_ CHAPTER I PRELIMIhIARY I rtf a t. (r) This Shorf title, extent and. commencement. (d) (e) Act may be called Recognised Schools Act, 1979. _the - Funjab Privately Ernployees (Security 6f Managgti:"li Serivce& 1?l It extends to the- whole of the state of punjab. (3) It shall come into for." on.rr;[ d;6; ti;idiate Governms may;-b!l notification "pp"i"t. " 2. In this Act, unless the context otherwise requires,- Definition. (a) 'aided post'means th,e post of the establishment of a privat@p manased 19 c9s n ised s-c hoot aqa i,r si ;h iiil;A ; :; fr';;G* ., . g:ant-in-aid from the State GTovernment : (b) 'Director'means the Director of Pubiii.insiruction (Schoory_ Punjab and Director of rupric il;.d;tions (prinra*Er Education), as th"- cqse -mav b;; u"J-iilira"" il;';r* officer authorised by him in ihi" Ufif ';' (c) 'employee' means any -person "-plov"d-qr! u' aided post fu anv privaterv managld- recog"is.i "it "Jl"i hire ;; ;;;"d (whether the termJ of empTov-;"i- b.;*ir""" or impriedg and_for the purposes of anv "proi"";ir;T;jli iiii'X.r=i" retation to any emptgym;i edt"t" -i"-.til;;' th;";;;; dismissed or tLmoved irom ""r"il" 6";-;;;s not include a, part-time employee; a)k) "rirrlng school'm€ans a privately managed recognised schod, which is in existence .i the commencement of this Act ; 'manasing commiltge' -"uttJ=tili;;et Ji tn" individuars whs are entrusted .wit[ the dranagernent it .r,v pii;;i;i;;; nased recognised school ; 'prescribed' tneans prescribed by rules made under this Acr ; ' priuately -managed iecogrys "a-tii"ir-;;;;" a school, w h ich, in not run bv the central Govern-.tti, tt u sat; d;tri*"*_ a local authority gr any oth-;; ;Ltilrlit ;""id"ii"e cF :?grgl'.:d I, the cenrral Gov.rr-"rll stut. Governrn€ffi r r r rlggts. ;;; b;;;"d i;;"."sii"ed tg* 'n',,Hn|ji;il:"'ofobjectsandReasons'seep,nluuGovernmen,ouffi The assent of .th.e Governer o{Lynjab.yas.sirql for this Act on the l2th N_ovember, xgffi. i?!,#nJ'4ffi,',ll'j"11.'".mf:'ltii'frAX5t"l ,g#[Hi,,?l'8?,"tt" Gr,;;;dilrys Anrxurc.K-A SECI.TRITY OF SERVICE Act. 1979 the stare GoverpT?rlt for impartmg pTe-pnmary, ptnnry, qmiddle,. high and -high"t see{rndanf 6ducation 6i.-triinirrs -below the degree level, but does nbt include an institution which -imparts technical education ; (t$) 'School Tiibunal' means a School Tribunal constituted under Section 8 of this Act. CHPATI,T( II TERMS AND CONDITIONS OF SERVTCE OF"TUPLOYEES 3. The minimum qualifications for recruitment and the conditions Terms. and of senice of the employe-s siall be suih "J -iv be conditions of , prescribed : service ol employees. Provided that neither the salary nor the rights in respect of leave of qbgence,- ig-€_ of retirement and pension of an employee of an existing school shall be varied to the disadvantage of such-employee : Provided further that every such employee shall be entitled to opt for the terms and conditions of service as were applicable .to him immediately before the commencement of this Act. 4. (l) Subject to any rute that may be nrade in this behalf, no Dismr'ssol, employee shall be dsmissed, removed or reduced either inrank rema,nl or within a time scale nor shall his services be other- etc. ol wirc tcrrninated exccpt with thc prlor approval of the employees Director. (2) Any employee who is dismissed, rernov€d or reduced either in rank or within" a time scale under sub-Section (l) rnay, within three months from the dat e of communication to him of the order of such dismissal, removal or reduction, appeal against such order to the School Tribunal. (3) The managing committee aggrieved with the order of the Director may also appeal to the School Tribunal within a period of three months from the date of com'munication of the order. (5) No grnployqe fiall be kcpt u4der .,,.p"r..ron ror a pcrlod Suspension of fiiffg?g rix monthi without the prior approvat of thc employees - 6. Evcry cnnloycc rhall bg sgvcrned by-ruch Code of Conduct at Employees to may bc prcrcribcd and on tlie vlolation of any provicion ?e goryrned of ruch Codc of Conduct thc cmpl6ycc rhall bc llablc to by a Cpd" ruch dircipllnary action a. mry be preecribcd, ol conduct. 7. Notwithrtandlng anything contained in seetion 3, the scale of Solaries ol pay and dearness allowance of the enrployees shall not be less employees than those of the employees of the State Governsment holding coresponding posts in the schools run by the State Govemment : Provided that where the scales of pay and dearness allowance of the ernployees arrii less than those of ihe ernployees of the State Government holdihg corresponding posts in the schools run by the State Government, the Director shall direct the concerned managing committee to bring the same at par with those of such employees of the State Government. ( 8. (l) The State Government r-nqy, by notification,...@ilrte one School '-' r;;;;e-S"lro"l Tribunats f6i the purpose of this Act for such 14ii"a it"u as may be specified in such notification. t-,(Z) A School Tribunal shall consist of one person only to be appdinted by the State Governrnent- 'L (3) A _person -r_ _, shall not be qualified for appointmcnt as a presiding Orricer of a .School Tribunal unless :- (a) he is, qr has been a Judge o-f {he High Court ; iU ii. il"irriiul"n a-biitrict Judse or-an Additional District Judge. (a) The terms and conditions of service of the Preslding Officer of the 56h"6I fri6""ui:ittott be such as may be prescribed. (5) If any vacancy, other than a tempor?ry 3bge.ryce' occurs in the offict-'"i -iii"- p;;idft -oiti.Ei "r-a'schoot Tribunal, the. state Government-sfitt -il;ii"i i""ihei p*tJon in accordance with the ;r;;i;i;; -;l iiiii" .se;1il"- t " Jii i t tt ",, icancy and. the proceedi:t9". mPv be continuei t;i";;1tf-stt ""l-r*u""ul fiom the stage at which the vacancy is filled. (6) The State Government Tribirnal such staff as' rnaY be functions under this Act. shall make available to the School necesstrry ln the discharge of its (Z) All expenses incurredjr connection with the School Tribunal shali be borni bv the State Government' (B) The School Tribunal shall haye. power tci regulate its ^9-wn -'ocedure in all matters arising out of the_ $lgcfa-rge of its luncttons i"Ji114il;k. pl.i"" at which.l-it shall holdGsittings. ' " (9) The School Triblrnal shall for the pr.ipo""s of disposal of an "oodii ot"f"t-tll .rndlr this Act have the same powers as are vested in i-Jo*i"f il;;;l bt the Code of Civil Procedu_re, 1908, .a".d shall also have the poiver to Jtay the operation of any order appealed against on such terms as it may think fit. (r0) The -orde1 of the schoo-! Tribunal gld-g- in any appeal '--' -pr"t&red under Section 4-shall be tinal'"" -' CHAPTER III MISCELLANEOUS PRO / VISION luvr g. No civil court shall have jurisdiction in respect of any matter in Jurisdiction if - ielation to which the State Government oi. the Cirit Courts ' Director is empowered by or under this Act to ex'ercise barred. any power, and no injunition shall be g-ranted by any civil court in respedt bf anything which is done or intended to be done by or under this Act. 10. No suit, prosecution or other legal proceedings shall lie against Protection of ilie State Government or the Director for qnythirrg which action taken is in gbod faith donci or intended to be done in pursuance of in good t'aith. this Act or any Rule made thereunder. 11. Without prejudice to any other action, that may be taken under Non-compliance any other provisio_n of thig Act, the failure to- carry out with ordLr or any orders of the School Tribunal or of any direction of direction the Director under this Act, the State Government may take such action as it may think fit including stoppage of the grant-in'aid. Arrrexure K-A SECURITY OF SERVICE Act. I9?9 307 12. Any-perso-n who entrusted with the management of the affairs Pgrt-cltv- of- a privately managed tecog"i".a "Jrr""l;;i'd-;i6il", without qqy reqsonable excuse to carry gu-t anyorderi -aat6ilil *ttql Tribunal shall -be punishiule -*lttr l-pii""nment for a term which may extend to three months or with fin'e whiCli -uy &t""J-i" .one thousand rupees, or with both. 13. (1) Where an oftence under this Act has been committed by oftences by a comp?Ds, ev-ery per"on - who, iiitr" iililh"- off"rr.. companies. was committeC, wis in charge of, and 11,|a iesponsible ro, the company fgr !!r-e cgnduct of the u""rilsi ailh";;;;;;€" *"li as rhe company, shall be deemed to be guiitv;nfi;;ii";;;;e?ir;ilb; liable to be proceeded against and p"-"iuh"eJ ;;*dtftit;-'- - ' Provided that nothing contained in this sub-Section shalt render anv such p.grs.q.n liaAle tq ity punishment, if he pioueJ tliaiilie "li""c" was committed without his knowledge or that h-e had exercised all due diligence to prevent the commissioil of suih -ifieor". (2)- Notwithstand.ing an-ythi-ng contained in sub-Section (l), where any offence under this Act 6as bden .o--iit.a Uv a company and it is proved that the offence has been co--i-t-tea-*itt iiifi?n"L"t or convcnlenccof, or is attributed to, -1pV neglect on the part Jf any Jirector, manager' secretary or other officer of -the comphny, suc6 directorj manager' s€frefu{y 9r othgr officer shall be deemia t6'Ue guilty of t$i offence, and shati be tiabte to be p;;;;;J;d-isii""t-ilJ;;nished accordingly. ltv' Eyplan.aflbn-For the purpose of this sectioi - (o) "c.gmpony" m€ans iny body corpororr; end includes a firm or other association of-individua6 ; ;a- (b) "director" in retation to i iit-, means a partner in the firrr. 14. trf any difficulty arisgs in giving effect to the provisions of this R3.Vtoygl ol Agl, the State Go,rein-"-"i*iv-uv "ra; ;;i-ii."iji"tent diflicutties. with the provisioni-;i-ihG A;i;;;;;; ;h;'aiffilty : Provided that no such -order shall be made after the expiry of a period of two vears from the commlrrce*"rri "ilil; A;-^'"' A !5' (r) The State Government ma9r9-9 notification and subiect to the Power to conditionsof pie"iodili,rfi;iT;il;;i**i"irJiiCrryins make rules. out the purp6sc ttiis Act. (2) In particular and withr:'iut Freigdice tg the generality of the foregoing pow?r, such rurcs may prb"i'dJi"i ili oi inv of the fbllowing matters, namely : (a) the minimum qualificaiions f9r, aqd me,thod of recruitment, and terms and con.ritiorrs -oi it*i;" -;? lr'puvl""' l..' (b) tlre code or. co;a"J r;; -t["-;;;idfi;-ind the dfrqtip'l aclion ts be t"["" ior iii" u-i;i;id; tl";;; ;--- (c) the termc and_conditio"" "i i"*i;;iFt*ili;;-'o'filer of the school Tribunat ; (d) any other rnatter whiih is to be, or may be, prescribed under this Act. (3) Every Rule made un{gr this dct shall be !aid, as s(x)n as may be, after it is mCde, bgfore tfit Hil;;iiit;-$;tJ diTilature white it is in session for a total period of ten dt";ht-il;'b. comprised in one session or in two oi more succocsi"it seiffi;;dtf, b;ffiilfi! *ipirv of the sescions .aforesau, ilre rl"u-C.iir"." in making any modification in the Rule or the Housc'agreeJifi;t-ffi;"6;ffiie not be made. rhe { .?(B sEcuRtTY Or'srnucE ACti 19e AnncxurqK-A -; Rule shall thereafter have ettect,.only in st -chhodified form oi be of no ettect, as the.c1ge.mav !g ; so, [1ili"r."r,that any such modification or annulment shall be -*i.ttrd.ut 'i;a;d-i"" to -t[7;;fieil;-;f;;;thing previously done under that ,uia.-'--'Yv 'v r"t v' 16' (t) The.nlniab Aided School (Security of Service) Act, yt6g, Repeal and i3 hdrebv ,epZa[e. -' sour'ng (2) Notwithstanding such repeal_ 0 anything done or.any action-taken under the Act so, r€p€aled shall be deemed t; have bil;--d;;; taken under the corresponding provisions of this Aii-= -' (it anv casg nepaihg u-"i;1" tt;t rff"iu 'c"-missioner under sub'sgc{iop (? oi slrb-Section (ci-J-i"itun 3 of the Act so repealed shall stan-d transierreiii;;;e6J i".ri-;i6 by the Director in accordancs;tr.h iil-fi;jiq6 of the Act so repealed and the rules made tilt&;aZi "" if he were the 'e Diputy CommGii""Li,"'--- r"'lerEr'r^'st (iii) until the School Tributt"l is c-ongtituted und-er this Act, the commissioner.of a DiviJon alt;il ilaii"a to be a school Tribunal constituted ""ali iGi;t ii? l"v pppeal pendin g before him under s"b:i.ctiodisi-"i "..tt" g rf the Acr so ::tri:if'""Jn'tt,fr ,!T:ltf, ii"fl"f ":t*iiiiiffi l",ft J?li; ,. . proyisions of this Act ; (iv) on the constitution -o-f the Schqgl Tribunat.under this Act, all appeals whilh could poi be-a"tia?a-iiiir"i s,iu-iiii,ll (iii) shall stand transfert a i" tt. iiia-iiibunal and be decided b.v it under the ptovi"L;; - "f thi" -A; and rures made thereunder. t, ANNEXURE L .*IWJE PUNJAB PRIVATELY MANAGED RECOGNISED scnodrc EMpIoYEES (SEcURITY oF sERvIcE) -RVLEs, leal - - Tfr- Go.rernor of Puniib is pleased to make the f_ollowing- rules regardin-e the Punjab piivately-Recognised Schools Employees (Security of Service) Ruler' 19tl ,namely':- l. Theee ruler may be called the Punjab Privately-Managed Beco' Shorf Title. gnircd Sihools Employeer (Security of Senice) Ruler, 1981. (a) 'Act'meam the Pwriab Privately-Managed Recognieed Schoole ' Employees (Security of Service) Rule, 1981. 2. In these rules, Unless_ the Context othenvise requires 80- Definitions , , (b) 'Government'means the Government of the State of Puniab in the Department of Education (c) 'Pu-lishing authori|; ;;;;;-6; managing Committee or any pciron r-othenilis-e competent to impose on an employee any of the Penalties specified in Rule 16. (d) 'recqgnis ed Uiiversity' means- \ --z 6) ;;v University inc<lrporated by [-aw in any of the States of India ; (it in the caie of degrees, diplo.m?9 or certificates obtained i" u result of exalminaiions held before the lSth August, 1947, the Puniab, Sind or Dacca University i qr (iii) ;;t-'oittli Uhivlrsity which is recognised bv the G6rr"t.ment for the purpose of these rules' i 3. These rules qhatl apply to all the employees employed on Appticatioi aided, Fosts but shall not apply to- (n Persons appointed on Part-time basis againrt aided Posts ; (irl Persons r€'€rlployecr on aided Posts ; and (iiii) a;F;;n emp[ov6a on aided post previously held bv an employee gnder susPension. PART II (f) No Person shall be appointed to an aided Post unless he is- Nofionolity (a) a citizen of India, or (b,) a citizen of Nepal, or (c) a subiect of Bhutan, or . , iil i iiU,ii"tt r"f,rg"e who came over to,,lndia before lst JanudrV, ' \-' igOZ,-iilh idintention of permaneqtly setting in India, or (e) u p"i""" "i i"dian origin^ who has migiated from Pakistan, gdrma, Strti Lanka, East efrica Countiies ofl(etr9q llsanaq Itr" Utiitea n+ublic of Tanzania (formerly Janganvl\e and 7o";b;i, ZaioUiu, Malawi, Zaire and Ethopia with the intention'-of permanently setting in India : Provided that a candidate belonging to categories (bJ ,.k), Q) a1d (e) shall be a person in whose favour a certificate -of eligibility has been issued by ihe Government of India. rCommissioner for Education anC Secretary to Government of Punjab, ?^"P^utiTTl "f Educatio' Notiri.uiion No. G.s.R. - p.p.:,r,itlS,:s1qo qqtgd the 5th Ausust, 1980 Published uide Puniab Government Gaziette (Extra), January 23, 1981' 309 3\s SECIJRITY OF SERVICE RULES, 1981 Annexure L i (2) No person shall be appointed to an -aided Post, unless he produce " . J"=rtffi tl-; ;i . huiti Jiir"- i[" pri"c ipal academic of fi cer bf the u,rinlisil e;I[eg;; $h;;ibi i"Iiii"tio" L;st Sttended' if oDe'- and similar certificat" or"ttit'u-Jlr-i-- two res-p-onsible persons not being his reia-ti;;;;["-ui"'ilJri -;;qydLii "'iir' [- in hii private life and are .rrrcorrrrected ';th-'-hi" -0;i;;"ity, College' School or institution. 5. No Person- Disqualilication 0 who has ent ered into or- contracted a marriage with any d";ita"i"s a spousg,liYiTg ; or. - .-r inro .r contr (it who having.a spogse livini-iioi ent-eT9-d into or cgntracted marriage with any Person, "r,iir u. "tisiut. for appointment to "" iiaJa Post ; 6.(1)NoP-erso-nqlnllbe-?Ppo.r.ntedto-anaidedpost'unlesshe eualiricarioni eo'iaJtiie q,irrrr["il"i" .tta .*perienie as'3pccificd against *nl'i pJli-f" -tfl,'Ai'pt"ni* to these rules' (2)Unlessothenr,isespecifi.ed.intheAppendixtotheserules,an employ"" J[" GJ ,,ot*.iIu:ii;?]h;. d;ilfiegeof- Hindi and Puniabi languagu -i' il.;;id!eti#':;;;;;e il-td-"i'"1':lent' shall have to acquire th; ;;;-;ithil;;;;iJ!"*J d{;i;; ihe date or his appoint_"it-* ,["- "o--"rrtement "r iii""i *r""., .^,t i"t ".,er is earlier, fairirrg *ni.rn -rr" shall ;;';;;;-iii"'iil;;; 'st;dL i*tements till he acquires lr.r"r, uttott'rciJ" iliit""if,;-i*;frents uttutt be released t"tlpi::tJ,lla that he shan not b-e entitled t9 ggt arrears or the released qrade inciements for tri!"pJlili-a"iili;ti"f,-d;;Jd not acquire the iioi"""id knowledge' *H H.;'; m € rur fr.f.a. zrfiib tu d n'ra-r€ nrri1r6.r+ofo,t s, ritcrit rt'-fr+ -q'fr"*t'; frtd t8'4'8 1 # rirq drfi f fr' ffirr Eirrr. t fw H,|rt t et {'d'Tirile |*s' #; if" aibt"'a a'e € fr'fr 'd' t f firs 28.4.8, f ;d e **tiffi-f" #o'a u's e fr.d.d. sr im € FtF e, n r ffi eFs, qffitgftry+ 5ffitffi f*{t t f,b 28'4'81 fi ofa'ra arr 3- f,.d.g. dffi ttrn 6rf€tr iFE I tD.F.l. school Govt. gr.Py9* Memg.ug'7?ts) 9/10'et' T'T' (9) dated 24'2'89- & Drector Employment M",iro-tio.'5.r. kiegii;i&cir a"tl"i it'J sgttt Marctr' 1989'l 7.(1)Allappointmgntctotheaidedpostgstrallbemadebythe Aopointment authoityona n[#sing-c"*ti"" in tt'" foli" "'trg manner : UetnA ol aPPointment o $3ffintffi sf?*:111":llifli*'l#,t !l3H!'t vacanciec to be fficiii1gr'ir],irs-ilrtt eartiiutarr thereol r - - r. r rr r n rr rhc rc ". rrl.nJ o uallfi " iU""i, ^tniU c{ -o! y.acanc l-e 1 19 U:.[ngiil*i",t*il';',ui:H11f, '?'dfi ffiliiulLirlil'iiiv6; (ii) firoJ*:'j"lr"ndationr for aepointrncnt- of thc candidater rhall be rnade by a ruUlcommiiicc ""tiiiiiin' of 6ve mernberr ol rnanaging committce' Anlrxure L SECURITY oF sERvIcE RULES, 198I 3ll 2, The members of the sub-committee shall be appointed by the managdpg committee. ^8. .(1) Perronr appointed to the aided posts shall remain on prob- hobation ation for a pcriod of one year ; Provided that in the case of an appointment by transfer any periocl of ivork in equivalent or higher ranliprior to app6inlment to in aided post ffidV, in the discretion of the appointing authority, be allowed lo count towards the period of probation. (2) if in the opinion of the appointing authorily, the work ()r conduct of a person during the period of probation is not satisfattory, it may dispense with his services. (3) On the completion of the period of probation of a person, on the appointing authority mayr- (a) if his work or conduct has in its opinion, been satisfactory,- (i) Confirm such person from the date of his appointment, if appointed against a regular vacancy ; or (ii) confilm such person fromthe date from which a regular vacancy occurs if appointed against a temporary vacancy ; or 0tn declare that he har completed his period of probation (d) rf r,rl"'.1,{?f'%T'"::j*:i ti":" #f"rJ;:"ll',1"' :f,i,,io,,, 0(it ratidactory, it rnay,- dirpenrc with hir rcrvicee ; or extend hir period of production by six monthg at a time and there attet pa.. such orders as it could have paeced on the expiry of the original period of probation : Provided that the total period of probation including t, xrt,rrsion. il dtrg, shall not exceed two years. 9. (1) The managing committee, which is running lwo ()r Power to transfer more privately managed recognised schools, lnay transfer any employee from one school to another school under its control :- (a) with the prior approval of the Director ; or (b) on the request ol the employee ; under intimation to lhe Director ; Provided that no employee shall be transferred to cr lrosl lorvcr in rank or carrying a pay or pay scale which is less than,'the basic p:r_.,- or the pay scale he would have drawn but for his transfer. (21 An employee'may seek appointmenl to an aided post in anr.rtlrcr privately-managed recognised school through his previo.,s ernplo!,t,r. 10. The employe_e_s shall retire from service on attaining the ageof Age on retirement 58 years : Provided that the employees holding the posts corresponding lo the Posts held by class IV employeeJ in tlie st'hools run lre 1111, Government shall retire on attaihin-S the age of sixry years. ll. The employees may be granted casual letrve as under :- Grant of leaue (l) Employees with not more vear ten years service. Ten days in a calender year. 312 SECURITY OF SERVICE RULES, 1981 ANNSXUTC L J (2,, Employees with more than Fifteen days in a calender year' \-' ien'yeirs service, but less thari twentY Years service' (3) Emproy""i'*iili t*""iv--' Twenty davs in a carender vear. years service or more' (2|lnrespect.ofearned|glY",halfpayleaveandmaternityleave, the conditions of servtce J tf,.j "-p[d""s. as applicable to them immediatery before the .o-."ncement "J itr"r" iutes shall not be varied to their disadvarrtlg"'iiffi;i i'h" -pt"ui"u" approval "! the Government. |z.ontherevisionofpaysee,softheemploveesorontheir pay lixaiion ap.po-intment tb anv hlshei attnai;il'iltt u school under 5'.in"?r"s#i'Jf;J.ff:ttfil**ila[,5rJs'*i"a;;ffi hordingr corresponding pi-"iJli" "'tH=;iJor --t.rn bv the sr Government. 13rhe;'*tl'*i:t$,:[?fi:ly;jH;:S:1Y#3[$ff"1]Jr' suspensioR '^-ilt::::;l ing against him is contemplated (a) where a disciPlinarY Proceedi ;;, ii:?{,"f-:lll"".,S:ii:' l*.i:: respect or anv criminar orrence rs under investilition, inquiry or trial : Providedthat.wheretheord.erofsuspensionismadebyan authority Lower than rh; ;;"il.,."! ilt["iitv, ".rih uuthoritv -shall forthwith report,to irr"lbp"i"ti-"il"it"iiii,th,circumstancesin ;hi;h in" oiaer was made : provided furthe-r- that no empl oye?shall bg kep! under suspension for a period exceedirrs "i*--;"it'J*it#il ;il-ilt"t approtrCl of the otTl:i, o' emplovee-,und.er. lusP-ension shall be entitled to'an subsisfe n " oi' i-i,rri. of ".,u"istance- J1o1n.pq€ equivalent to {iftv allowance -p'etcent of f'ls Uaiic pay uia-it*'utto*it'ces admissible thereon from tli" -uttaging committee : Provided that the e.mploY"" y'99I. stlipgTrsion -"-h"ll not leave his heqdq.ua.rtersiliifi;,fr"iif :Bn,lfi fk{lltr:'*::tii"ftltoritv ;a shall submit everv -:.1":.::::: oo! capacity. (a) he is not emploved Ty-:t:re sainfullv' in ',pJ[:i:$i jfu t[*:eu,?:,':T,:"i"rttn"p,iorapprova,or rr-" 'tti"'upp"inting authority' rond the period of ",.l?"rJnl;"rug.",:":b"Jl,H:E;F?""1!:,:,??,:arowahce"r'iri be raisea to'"JJ"rr-tt-fi* ;;';;1';ij#-b*i. puv and the allowance idmissible thereon : Provided that thg delav- t:--S:l due to non'cooperation or negligen." o"t th;;;[oy"" Concerried' ! -r ,.f -rho- eha 15. In case a guspended emplo.yee is exonerated of -thc- eharges A,owan u Jn levelled..g;i;t*iliil-5tii;;;;;gittq "o-mittee or is reinstatement re-instat"a-#lpp"ir, * ;ilffi;;; -h; "n.u be entitled to fu, pay and allo-wan-c"i io *-rfi.rr rt" *"""iril;; uL." ""titled had he not been suspendgd less *U"i't""tJJffi;;; ilreadv paid to him under Rule ilbt the managing committee' Annexure L SECURITY OF SERVICE RULES, 1981 313. lq. (I) Th.e following penaltier may, Penalqjps and as here-iiift", providei, Mirror Penalties for good and sufficient r€asons. imposed on the employees :- -r l. Censure ; Major penalties l. Dismissal from Service ; 2. Removal from service 3. Rea"itio;-;iiil;'i" -tir. or within the time scdte. - -(?, Tt " following shall not amount to a penalty within the meaning of this Rule, namely-:- -- -- r ------r (i) (ii) Stoppage of an employee at the efficiency bar in the time sc?le of pay on the ground of his unfitness to cross the efficiency bar ; . Termination of Services- (a) of an employee appointed on probation, during or at the end of thc period of his probition, accordancE with the terms of his appointment or the rules and orders governing such probation ; or (b) of a temporary employee appointed otherwise than under contract, on the expiration of the period of the appointment, or on the abolition of the post or before the due time in accordance with the terms of his appointmen! ; or (c) of an employee employed under an agreement on temporary in basis accordance with the terms of such agreement. 17. (l) Whenever the punishing authority is of opinion that there Procedure for are grounds for inquiring into the truth of any imposing penolties. imputation of misconduct or misbehaviour against an employee, it may itself inquire into or appoint under this Rule an authority to inquire into the truth thereof. (21 Where it is proposed to hold an inquiry against an employee, the punishing authority shall draw or cause to be drawn up- 0 The subsistance of the imputation of misconduct or misbehaviour, as the case may be, into definite and distinct articles of charges ; (ii) a statement of imputation of misconduct or misbehaviour in support of each article of charge, which shall contain- (a) a statement of all relevant facts including any admission or confession made by the employee ; (b) a list of documents by which and a list of witnesses by whom the articles of charges are proposed to be sustained. (3) The punishing authority shall deliver or cause to be delivered to the employ ee a copy of the articles of charge, the statement of the imputations misconduct or misbehaviour and a list of documents and witnesses by which or whom each article of charge is proposed to be sustained and shall require the employee to submit within fifteen days a written statement of his defence. Note ;--For Com,puting the period of fifteen days, the time required for making available such record' to the employee for inspection or taking extract.s there from shall be excluded. (a) The employee ffidV, on his written request, be permitted to engage a Legal practitioner to defend him, and .to inspect or taltre SECURITY OF SERVICE RULES' 19t1 Annexure L 314 ur' i exttacts from the records, pertaining to the case for the purpose of I preparing a writtcn statement' i (5) On receipt, d the written statement of de-Ience' the punishing authoritv ma-v itsliirl-q.rir" ili; ilch of the articles of charges as are not admitteH ;; ii'ii-;;ria; it- n".essarv so . to do, appoint an authority for !!e p-urp""J, inJl"h.",* .n tM-articles of charges have been admitted by the emii*A il:ttt.*;itten statement of defence' the nunishinq authority shaf;;;e it" findings on each'charge. I r- (6)Ifnowrittenstatementofdefenceo-:llTl,j"dbytheemployee within the specified ,i-", "iH d;;i not appear in perion or through h is Lawv" r-6Jr6;;d ilq;rrffi iiF" tL, Tt-oi[" t*ise ralt s or re f us e s to compry with the proui"-iln"r3r t[!f ;;E th" p,r.ishing authoritv mav itselr hord the inquiry ;il;;;;;--lf il;"iiati. necessarv t9 do so ippoi,rt.'i,rq.riiiiigi"r'tSlitv=rJiti'&;;;;;;;;dth5"?il|L'r'ff 11: ilfi;;e itt"- J".ord! of.the ineuirv tr tompetent to impole the penalty r shall be entitled to (7) During the Cortrse "t iry:iry. the emplovee cross examinz the witnesses,examin;a itt i"p-poii of ttt" articles of charges .rJ io giye ".rii"i.":in perso"-""a tohave such witnesses as may ue prJd.iqiJ.-"*umined'in his detence. (8)Wheneveranyinquiring-autho{ty,afterhaving.heardand recorded the whole o, urlvE;ffif t#;;fi;ti itt an enquiry ceasgs' to exercise its jurisdiction-ih5r"i' qnd dilaededbv another inguirtng authoritv -w,hich has .iJ'i.1,i.t, "i"tcises, - r,rofi iurisdiction, the inquiring authority so "i.J".ai.s -ui=u.-i-"-" irrl ""id6tt"" so re-corded bv its eredecesso-r ", ili,ii-il?"iJJa-& .o;;tali"""or and partlv i6."tdld bY itself : provided that if the succeeding- inquiring authority is oJ opinion that furthzr examingtign;;; ;iirr" ilitneEses *ttorl evidence has already b;; iecorded is necessary'ii hi- ilterest of iustice, it" mav record, examine, c.rgs:;il;il;;i *.*i-i"e anv such witnesses as hereinbefote provrdeo' r__..i*r t a .,ortt .epared (9)Aftertheconclusionoftheinguiryareportshallbepr and h'shall contain- (a) The articles gt chalggs and the statement of imputations of +i"jn*:u"'"i"ii:"#i"ru in respect of each article of :lt:3fu#i", of the evidence in respect of each article or il;tff"a", on each ardcle of chargc and the rcaronr tHcrclor- Explanation :-(r) tf in the-o.rpinion of th.e inquiring authority the pdail;;iti"iilqii#"';iigl{iili.ili"*iffJilff"1t*Xg,t',:f it " "tisinil articles of charge ; it mi "t tl::t;oed that the findings.on such article of charge shall not be ,uce,a"I'il"i?::##nt#ll#[:ilpli*l;';;nffi i$'] such arl defendi;;tdii "I"i"st. iuch articles of charge' (ii)Theinquiringglrtlrorilv,where.itisnotitselfthepunishing authority, sfiail for,^,urd -i;-Jh." p","i"nfi authority 'the ;il;e;',il iiiliirv -dr,i.h shall include- Ano**. t- \cr ) SECURITY OF SERVICE RUI.ES, 1981 315 (a) (b) (c) (d) the report by it under sub.Rule (9) ; the writtgn statement of defence, if any, submitted by the employee ; the oral aid,documentary evidence produced in the course of thb inquiry ; . written briefs, if inv, fiied by the ,Presenting Officer or the employee or bolli durindthe course of the enquiry ; and (e) the orders, if any, made brr the punishing authority and the inquiring authority in regard to the inquiry. 18. (1) The Punishing authority shall, if it disagrees with tbe findinss Actiongryinquiryreport of the inquiring authority on any article of charge, record its reasons for each disagr-ement and recoid its own findings on such article of charge, if the evidence on r€cord is sufficient for tf,e purpose (2) lt the punishing authority, having regard to the evidence on all or any of the articles of charges, is of opinion that any of the penalties specified in'Rule 16 should be imposed on the employee, it-shall- (a) furnish to the employee a copy of the report of the inquiry ' held against him and its findings on each article of charge or where the enquiry has been held by an inquiring authority appointed by it a copy of the report of such authority and a statement of its findings on each articles of charge together with reason for its disagreement, if any, with the findings of the inquiring authority ; (b) give the.employee a-notice stating t-he pen.lty proposed-to be imposed on him and calling upon him io submit within fifteen days of receipt of the notice or within such further period not exceeding fifteen days, as may be,allowed, such reprLsentation as'he may wish to make on the proposed penalty : Provided that such representation shall' be based on the evidence adduced during the inquiry. ' (3) The punishing authority shall after considering the representa- tion, if any, made by the employee, determine what penalty, if, any, should be imposed on the employee and make such order as it may deem fit : Provided that no order of dismissal, removal, reduction in rank or within a time scale or termination shall be passed without the prior approval of the Director. '' (a) The Director shall not accord o? refuse approval under sub- Section (1) of Section 4 of the Act, unless on opportunity of being heard has been afforded to the official concerned or'the managing committee, as the case may be. 19. An employee may pteler an appeal to the Director against all qr Orde?s ogoinst uriicn ."y of thc foitowtng orden :- | appeal his (i) an order of suspension made under Rule 13. (ii) an order which- (a) denies or varies to his disadvantige his poV, attowances or other conditions of service as regulated by these rules ; or H :lt:t"tr5 "?.!:"**:"ntage the provisions or anv SECURITY OF SERVICE RULES, 1981 r;\ V^rr*xure L .315 n0 ?; "'#F*"#*' l;,"t$'.T:i:i 3,o;,:!iii,*ii"3'fi i:tH: ffi!}*,*"3'' x*l +:*li *Ti!Iii,'" be under (:b) tft'friti i:,l3qi"{3lpxll" 'shis iismisear or '('t irr#*: d;:"""k}:#" #*'H]i11"; ii ih; iltZ--t --gea'cr to bc ln *wffi,i'rr,. date of (c) ci"t"'mi";n -*ii"t["i "i not the priod his ".*o"rr!#=;;' tio#"irt!-d..i" gif -tti" dismis'al' removal, t"-riril.tior, "i ,"d.,ciion to J lott'"t rank' grade,time;;;l;;i;avor;-..n"ilitimescaleofpavto :::,,:3:?,:'i"*;:""fi :','ff t';ilf :'""$!??"ot:o};i ott auty -for anY Purpose zo. (1) Everv emp!9{:e or'r'g -ul,3f,l5 "ifrfrl5f 3[;1i"i:t:3 : Form and ,oit"it' aPPeal to the s ol appeals' '"puitt"i! i" ttis or its own name' (2) The ?.pnea1 ,FI.P9 presentg!-to th-e.Stt'^1ol Tribunal to whom *:n***fi'*3ddff#*dllslrii#iliiflffi shall not contain-any disreiiectfu[' or improper lant ;;;'fftil:;;1"j:,,plyli"h made the ordsrpppealed asaipst shan' on tr,"i.teipt';;;6v"'-t[]riil;iJl{;;itl:;l-E$$}3*j*,'.*; i"r",.,,t,"Jo,i j"--,'i::rht{iiii::'i:l#"'h:'g: '"iia'*itttout waiting tor on,i';*P";r?"s"131*:1ry$:tgd$tftl#+Xt*'::'ru$ in-.t emprow:jti::t:ffi: "t the pror "lt';."'i'F"dr?peifh"ii*$fi:fi ;l"i,S#iltili3,"?tTffiiffi' proiideni Fund school Snar sDrq,r'e" o '---- ;;h nhool who- (i)hadattaine{Jh.a93o{euperannuationMoretheSthdayo| fi151"j:,|;.i"l the sfeme as providcd undcr ntu u,.'A' (2) l* q:1,",ifiJfiffii*jo,,:H:jt?it g*'mn:f$';:":**R the t committ ee at'u"n "lii iln'"v tL ip"?in&'5ri- iii'i-a ti''ernment from J*dff filffi $:,ti,[oi'""T,:i'ff"1,HJT"aiffl?s'illg scheme thall -c9t t1'"^I l=--'^Ie" -- - - with ttt" priuiltiont thereof' d in Appcndix [l of the .; ixfi$*[$ffi; ffi,$F,i$filffi'ffitr* ;#;e; j1*** .fidstrs'ri . PrivatelY manl9e( I #rnrxuro L SECT'RTTY OF SERVICE RULES, 1S1 317 (a) lrq appointe4_ to the aided posts on or after the sth day of February, 1987 ; and (b) were working on aided poets on the 5th day of February,-I987: Provided that the provisions of the Scheme $) made shall not apolv to the employees who retired from such posta before the 5th aav of feUiriirv, iggZ; Provided further that the employees who were appointed to the aided posts- (i) before the Sth dqy of February, 1987 and who have attained or will attain the agB of superannuation on or after that date; ard (ii) on or after the Sth day of February , 1987, but befrre the date of commencement of .!he puniab_ Fivately. Managed Recognised Sch.ools Employees (Securitv bf Service) (First AmlndmentiHder, 1991 ; shall be the.right to elqrciee option within a period of four months from the date of publication of the Schime to be oi not t.; b" goriinla Uv tna provisions of the Schdme." Appendix (See Rule 6) Serial No. Designation of p6st Qualification and experience l. Principal 2. Headmaster 3. Lecturer for General Education 4. Science Master or Science Mistress 5. Mathemetics Master or Mistress Degree of recognised University with B.T. B.Ed. or Senior Basic Training with the following minimum teaching experience :- 0 In the lase of M.A. or M.Sc. with M.Ed. six year ; (ii) In the case of M.A. or M.Sc. with B.T. or B.Ed. seven years ; (iii) ln.the case of B.A. or B.Sc. with B.T. or B.Ed. Eght years. (iu) In the case of D.P. Ed. Eight years from the date physical Education was introduced Compulsory in the Schools ; and (v) In the case of B.A. or B.Ed. with M.Ed. seven years. Degree dfelreccgnisedlUniversiiywith 8.T., B.Ed. or Senior Basic Training with the following minimum teaching experience :- (i)' In the case of M.A. or M.Sc. with M.Ed. six year ; (iil In the case of M,A. or M.Sc. with B.T. or B.Ed. seven Yeats' '''7 (iii) ln the case of B.A. or B.Sc. with B.T. or B.Ed. eight . Yeaf. ,''-) (iv) ln the case of D.P. Ed Eight years from the date physical Education was introduced Compulsory in the schools ; and (u) lrt' the Case of B.A. or B.Sc. wilh M.Ed. seven years. M.A. or M.Sc. or M. Com or M.A. with B,T. or B.Ed. or M.Ed. Degree of a recognised University with B.T. or B.Ed. and Senior School Teachers Certificate or B.Ed. Senior or Basic Trained with any two or the four subjects in B.Sc. namely :- Physics, Chemistry, Botany and Zoology or B.A. with Mathematics 'A' course and physics or physics and Geolography with Senior Schools Teachers Certificate, B.T. B.Ed. or Senior Basic Trained. B.A. (Math, A & B Course) with Senior School Teachers Certificate, '8.T., B.Ed. or Senior Basic Trained or B.A ff.D.C.) with Mathematics as elective subject. 5n \i,' Alurrurr L .A -ri t2. Arts and Cra{ts Teachers. Physical 1'raining lnstruclor. ' Punjabi l'eacher,' Language Master ' Hindi'l'eacher r'Language d4asler Sarukrit Teaclrer Drawing'feacher Music Teacher -'/ 18. Urdu Teacher 19. Sewing Teacher 20. Clerk 21. Junior Ubrarian 22. Librarian 23. Agriculture Master 24. Tyw Shorthand lnstructor 25, Laboratory Assistant 26. Table Teacher as approved by the Senior School Teachers Basic Trained. (iraduate with Degree or Diploma of Training in'advance lrlrysical training course. Diploma rn-T{ome Science lrom a recognised Universitf with B.T. or B.Ed. (i) Matric with two years course in J.B.T. Training ; :lnd (ii) Knowledge of Punjabi and Hindi langirage of Matriculation Standard or its equivalent. Matric with two years Dploma in ArtsandCrafts from any institution approved by the lndustrial Training Orgnisation. Matric with Certificate in Physical Education,of any institution/Board approved by the State Government or National Dsciplne Scheme lnstructo3 trained. Matric, Giani (Honours ic Punjabi) O.T/B.A.B.Ed. Elective i';:rt?t: di"in:u"' ( Ho nou rs in Hindi) o. rp. n. a. Ed. Etective Hindi in B.A. Matric. Shastri with O.T. Drawing Master Certificatc preferably trom the Governrncnt School of Arts, Simla or Governnent School of Artr, N$ha. Higher Secondary Part-[ with Music ar Ehctive rubigct with two years J.B.T. or Matric with Dplorna in Mruic orSang:ct Prabhakar or Sangeet Rattan or Sangcet Virhard. Matric Adile Fazal (Honourc in Urdu) with tun part J.B.T. Course. Indurtrial Training alongrryith onc ycar't Courre from thc Indurtrial Trainins Soci.rl Studres M.rsler or Mistrsss CottItrcrt'c Mr.rslt,r l'hysit'.'rl'l'r.rirrirrg lVlcrst,,r or Mistress Home Scienc6 l4istress J.8.1'. Teacher SECURITY OF SERVICE RULES, I98I B.A. with subject combination Director from time to time with Cerrificarel 8.T., B.Ed. or Senior [].C<lm. t, tt. 9. 10. 13. 14. 15. 16. 17. Matric with two Teachers Department, -Matric with knowlcdge of Puniabi and Hindi Langnragrer of Mtrculation Standard or ite equvalcnt. Matric with Certificate/Dploma in Ubrarrr Scicrrce from a recognised Univereity/Board/lmtitution. B.A,/B.Sc. with Degree in Ubrarrr Scicncc from any recognieed Univerrity. B.Sc. (Agriculture) B.A./8. Con/B.Sc. M.A/M.Sc. with one ycar coun of Stenography from thc l.T.l. or with 5 tnarr mirimum experience in Stenography atd typing. Matric with Scicncc. Diploma in Sangcct Prabhakar or San$3t firtt n or Sangpet Vishard Tabla Plarnng from any lnrtitu-tbn rccognircd by the State GovernmenVUnivcrrity. [Commissioner for Education and Secretary to Governmcnt of Puniab, Dcpartrnnt of Education, Notification No. G.S.R. 63/P.A. 18/79/5. $/n, dated thc sth Augurt, fS0. Pub[rhcd vide Punjab Gove".".oat Gazzett (Extra), January 23, l98l.l
Roop's Law Assist