West Bengal Primary Teachers Conduct Rules
1. Short title, extent, commencement and application –
(1)
These rules may be called the West Bengal Primary Education (Conduct of Service
of
Primary
Schools) Rules, 2001.
(2)
They shall extend to the whole of West Bengal except the hill areas as defined
in the
Darjeeling
Gorkha Hill Council Act, 1988 (West Ben. Act XIII of 1988).
(3)
They shall come into force on the 12th day of July, 2001.
(4)
They shall apply to the teachers of primary schools under the control of the
Primary
School
Councils.
2. Definitions:
(1)
In these rules, unless there is anything repugnant to the subject or context –
(a)
The “Act” means the West Bengal Primary Education Act, 1973 (West Ben Act XLIII
of
1973);
(b)
“appointing authority” means, for the purpose of these rules, the Chairman of
the
respective
Primary School Council;
(c)
“Board” has the same meaning as in the Act;
(d)
“disciplinary authority” means, for the purposes of these rules, the Chairman
of the
respective
Primary School Council.
(e)
“family” includes husband, wife, unmarried daughter(s), dependent son(s)
including
legally adopted son(s) or daughter(s), or dependent parent;
(f)
“Primary School Council” has the same meaning as in the Act;
(g)
“School” means a primary school as defined in the Act;
(h)
“teacher” has the same meaning as in the Act;
(2)
Words and expressions used and not defined in the rules, but defined in the Act
shall have
the
same meaning as respectively assigned to them in the Act.
3. Duties –
The
following shall be the duties of a teacher, namely,:-
(1)
Every teacher shall implement the educational policy and programmes of the
State
Government
/ Board and attend to all programmes of the school as may be assigned by the
council
and the programmes prepared by the school itself, or the Village Education
Committee,
or the Ward Education Committee (in the case of a municipal area) or the
Women’s
Education Committee, or the Vidyalaya Unnayan Committee;
(2)
Every teacher shall faithfully discharge his assigned duties;
(3)
Every teacher shall, in the discharge of his duties, rise above all prejudices
and personal
http://wbxpress.com/
and
other considerations and maintain integrity, impartiality and devotion to duty;
(4)
Every teacher shall always be punctual in attending to the duties of the
school;
(5)
Every teacher shall perform his duties according to the hours of duty as may be
prescribed
by
the State Government or Board from time to time;
(6)
Every teacher shall provide information regularly to parents / guardians
regarding the
attendance
or short comings of their wards;
(7)
Every teacher shall accept as a profession the individual responsibility of
reporting to the
concerned
authorities, all matters that are considered to be prejudicial to the interest
of the
students
and the development of the school;
(8)
Every teacher shall guide the students in developing their physical, social,
intellectual,
emotional,
moral and aesthetic sense.
4. Rights –
The
following shall be the rights of a teacher:-
(1)
Every teacher shall enjoy full democratic rights;
(2)
Every teacher shall have the right to form association / unions / federative
bodies of
teachers.
5. Obligations –
(1)
No teacher shall, while on leave, accept any service or employment.
(2)
No teacher shall engage himself in any trade or employment, either part-time or
whole
time
except the honorary work of social or charitable nature or of the co-operative
society.
There
shall be no bar in seeking election to the Panchayat bodies, municipality and
legislature
by
a teacher.
(3)
Every teacher shall treat all students with love and affection and be just and
impartial to
them
irrespective of caste, creed, sex, status, religion, language, or place of
birth.
(4)
Every teacher co-operate with the head of the school and the colleagues in and
outside the
school
in both the curricular and co-curricular activities.
(5)
Every teacher shall refrain himself from accepting any remuneration for
coaching or
tutoring
the students.
6. Annual Performance Report –
(1)
A self-appraisal report shall be submitted by every teacher annually to the
concerned Sub-
Inspector
of Schools through the Head Teacher of the School concerned. The Head Teacher
shall
have the authority to give his comments on the performance of the teacher in
the selfappraisal
report.
(2)
An annual academic report of each school and in respect of each teacher shall
be
submitted
by the Head Teacher to the District Inspector of Schools (Primary Education)
and
the
Primary School Council through the Sub-Inspector of Schools (Primary Education)
for his
comment.
http://wbxpress.com/
(3)
The format of an annual performance report shall be such as the State
Government may
prescribe.
(4)
Before formation of any adverse opinion the Primary School Council may seek the
opinion
of
the respective Vidyalaya Unnayan Committee.
(5)
The Head Teacher shall be the custodian of all movable and immovable properties
of the
school
including all documents.
7. Suspension –
(1)
A Primary School Council may place a teacher under suspension –
(a)
Where an inquiry under sub-rule(1) of rule 9 of these rules against him is
contemplated
by the Primary School Council or such an inquiry is pending; or
(b)
Where a case of any criminal offense involving moral turpitude against the
teacher
is
under investigation or trial.
(2)
Where a teacher is detained in custody for a period of exceeding 48 hours on a
criminal
charge
or otherwise, he shall be deemed to have been suspended by an order of the
appointing
authority with effect from the date of his detention and shall remain under
suspension
until further orders. A teacher who is undergoing a sentence of imprisonment
shall
also be dealt with in the same manner, pending a decision as to the
disciplinary action to
be
taken against the teacher.
(3)
Every order of suspension under sub-rule (1) shall be communicated to the
Director of
School
Education, Government of West Bengal, and the Board.
(4)
A teacher under suspension or deemed to have been suspended shall be entitled
to the
following
payments:-
(a)
During the first three months of suspension, a monthly subsistence pay which he
would
have drawn if he had been on half-pay leave. Provided that where the period of
suspension
exceeds three months, the appointing authority shall be competent to
increase
the amount of subsistence allowance for the remaining period of suspension
by
such amount, not exceeding fifty percent of the subsistence allowance
admissible
during
the first three months of suspension, if, in the opinion of the appointing
authority,
the period of suspension has been prolonged for reasons to be recorded in
writing.
(b)
Dearness, medical and other allowances, admissible from time to time on the
basis
of
the subsistence allowance fixed by the competent authority.
(5)
No payment under sub-rule (4) shall be made unless the teacher furnishes a
certificate to
the
effect that he is not engaged in any other employment, business, profession or
vocation.
8. Penalties –
The
following penalties may, for good and sufficient reasons, be imposed on a
teacher,
namely;-
(a)
Censure;
http://wbxpress.com/
(b)
Withholding of increments or promotion;
(c)
Removal from service which shall not be a disqualification for future
employment as
as
teacher.
(d)
Dismissal from service which shall be a disqualification for future employment
as a
teacher.
9. Procedure for imposing penalties –
(1)
No order imposing any of the aforesaid penalties shall be made without proper
enquiry by
an
enquiring authority to be to be appointed by the disciplinary authority.
(2)
No order imposing any of the penalties provided in these rules shall be made
without
serving
a “show-cause notice” to the teacher and giving him an opportunity of being
heard.
(3)
Upon completion of the enquiry to be made by an enquiring authority appointed
by the
disciplinary
authority, a report shall be prepared containing the following documents;-
(a)
The articles of charge in the form as may be prescribed by the State Government
and
the statement of imputations of misconduct or misbehavior,
(b)
The defense of the teacher, if any, in respect of each article of charge,
(c)
An assessment of the evidence in respect of each article of charge, and
(d)
The finding of the enquiring authority on each article of charge and reasons
thereof.
(4)
A report on the findings of the enquiring authority shall be submitted to the
disciplinary
authority.
10. Actions to be taken by the disciplinary authority –
(1)
The disciplinary authority shall consider the report of the enquiring authority
and record
its
findings on each charge.
(2)
If the Disciplinary Authority having regard to its findings on the charges, is
of the opinion
that
any of the penalties mentioned in rule 8, may be imposed, it shall pass
appropriate orders
with
a copy to the teacher concerned.
11. Appeal–
A
teacher may prefer an appeal against an order imposing penalties mentioned in
rule 8 to the
Appeal
Committee, constituted under section 91 of the Act, and the decision of the
Appeal
Committee
shall be final.
12. Implementation of orders of the Appeal Committee –
The
authority which passed the order appealed against shall give effect to the
orders passed b
the
Appeal Committee and, in doing so, it shall furnish to the teacher concerned a
copy of the
order
passed by the Appeal Committee.
http://wbxpress.com/
13. Pay and allowances on reinstatement –
When
the suspension of a teacher is held to have been unjustifiable or not wholly
justifiable,
or
when a teacher who has been dismissed, removed or suspended is reinstated, the
disciplinary
or appellate authority may grant to him for the period of his absence from duty
–
(a)
if he is honourably acquitted, the full pay to which he would have been
entitled if he
had
not been dismissed, removed or suspended, and by an order to be separately
recorded,
any other allowance of which he was in receipt of prior to his dismissal,
removal,
or suspension or,
(b)
if otherwise, such proportion of pay and allowance as the disciplinary,
appellate
authority
may deem fit.
In
a case falling under clause (a), the period of absence from duty shall be
treated as a period
spent
on duty. In a case falling under clause (b), the period may be treated as on
duty or leave
but
it shall not be so treated unless the disciplinary or appellate authority
directs accordingly.
The
period of absence shall where it is neither treated as on duty nor leave, be
treated as a
period
spent on suspension.
14. Interpretation –
If
any question arises relating to the interpretation of these rules, it shall be
referred to the
State
Government in the School Education Department, whose decision shall be final.
No comments:
Post a Comment