West Bengal Primary Teachers Manual: Leave Rules

 West Bengal Primary School Teachers Leave Rules

West Bengal Primary Education (Leave of Teacher of Primary Schools) Rules, 1999 compiled

with up to date amendments, corrigendum.

RULES

1. Short Title –

These rules may be called the West Bengal Primary Education (Leave of Teacher of Primary

Schools) Rules, 1999 and shall come into force with effect from the date of notification.

2. Extent of Application–

These rules are applicable to all the teachers of the Non-Government Primary Schools under

the administrative control of the Calcutta / Mahakuma / District Primary School Councils.

3. Definitions–

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

(a) the ‘Act’ means the West Bengal Primary Education Act, 1973;

(b) ‘Appointment’ means appointment of teachers of Primary Schools in

accordance with the provisions of the relevant Act and the Rules;

(c) ‘Appropriate medical certificate’ means a certificate granted by a Registered

Medical Practitioner stating that he / she has examined the concerned teacher

personally;

(d) ‘Board’ means the West Bengal Board of Primary Education established under

the Act;

(e)’Council’ means Primary School Council established under the Act;

(f) ‘Permanent Teacher’ means a teacher who has completed two years of

continuous and satisfactory service in the post in which he / she is appointed and

confirmed against such post by the appointing authority or an Officer duly

authorized in this behalf;

(g) ‘Primary School’ means a School or department of a School giving instruction in

Primary School and includes junior basic school;

(h) ‘Sanctioning Authority’ means and includes the authorities for sanctioning

leave as stated in the sub-rule (i) of 7 of these rules.

http://wbxpress.com/

(i) ‘Teacher’ means a person who holds a teaching post in a Primary School

appointed in the prescribed manner on a regular and full-time basis and is paid

either wholly or in part under the control of the State Government in the School

Education Department;

(j) ‘Temporary Teacher’ means a teacher who is appointed against a post but is not

confirmed as a Permanent Teacher against such post.

4. Leave admissible to the teacher-

The Primary teachers appointed substantively may be allowed the following kinds of leave:

(a) Casual Leave – Casual Leave for short period may be granted at the discretion of the

sanctioning authority to a teacher on full pay for not more than 14 days during a calendar year

but it shall not entail an absence of more than 7 consecutive days at a time, including Sundays

and / or holidays, except under very special circumstances to be recorded in writing.

Provided that Sundays and / or holidays preceding, following or intervening any period of casual

leave shall not be counted as part of such leave.

(b) Maternity Leave-

(i) A female teacher or non-teaching employees may be granted maternity leave on

full average pay for a period of 180 days from the date of commencement.

(ii) Maternity leave may be granted to such female teacher on full pay not

exceeding a period of 45 days in case of miscarriage or abortion if the request for

such leave is supported by an appropriate medical certificate from a registered

medical practitioner.

(c) Compensatory leave – If a teacher under specific orders of the Primary School Council is

detained for duties and prevented from availing himself / herself, either in full or in part, of

the vacation, during which the Primary Schools remains closed, he / she shall be entitled to

get leave on full pay for the number of days which is such proportion of 30 days as the number

of days of vacation not taken leave to the full vacation of the year, subject to the conditions that

such detention of the teacher and a copy of the order shall forthwith be forwarded to the

Board, and that when such leave amounts to 240 days at the credit of permanent teacher, he /

she shall cease to earn such leave.

(d) Half Pay Leave – A teacher may be granted half pay leave on appropriate medical

certificate on the ground of his / her illness or private affairs not exceeding 30 days for each

completed year of service:

Provided that no half pay leave shall granted for more than 180 days at a time.

(e) Commuted Leave – Commuted leave, not exceeding half the amount of half pay leave due,

may be granted on medical ground on production of appropriate medical certificate or on the

ground of private affairs subject to the conditions that –

(i) the commuted leave during the entire period of service shall be limited to the

maximum of 180 days on full pay;

http://wbxpress.com/

(ii) that twice the amount of commuted leave granted shall be debited against the

half pay leave due; and

(iii) that the total duration of the commuted leave taken in conjunction with the

compensatory leave in lieu of duty during vacation in terms of Clause (d) subject

further to the conditions that

(A) no commuted leave under this Clause may be granted, unless the authority

competent to sanction leave has reason to believe that the teacher will return to

duty on its expiry, and

(B) a teacher on commuted leave is entitled to leave salary equal to twice the

amount admissible to him under Clause (d) above.

(f) Leave on Medical Ground – A permanent teacher may be granted leave on medical

ground on full pay for a period of 15 days for each completed year of service spent on duty on

production of resuming charge:

Provided that the total period of such leave shall not exceed 180 days during the entire period of

service; Provided that the total period of such leave in conjunction with leave in terms of Clauses

(c) and (d) shall not exceed the maximum limit as prescribed in Clause(d).

(g) Extraordinary Leave without Pay – Extraordinary leave without pay may be granted to a

teacher under special circumstances when no other leave may commute retrospectively the

period of absence without leave into extraordinary leave without pay:

Provided that the total duration of such leave in conjunction with any other leave shall not, at

any time, exceed 24 months.

(h) Special Leave – Special leave with full pay may be granted on grounds and for the period

as stated in the following Clauses –

(i) in case of detention in lawful custody without trial for the period of such

detention;

(ii) in case of prolonged illness making the teacher bed-ridden for a long time not

exceeding 18 months; in such cases the Council shall be the leave sanctioning

authority on scrutiny of the application accompanied by appropriate medical

certificate;

(iii) for participation in conferences, Council meetings or meetings of recognized

All India Federation of Teachers’ Association for the actual period required on

production of certificate of actual attendance from the Associations;

(iv) for attending as delegates at the annual general conference / meetings of

recognized association of Primary Teachers for the actual period required

including the days taken for the forward and return journeys to and from the venue

of such conference / meeting subject to submission of certificates of actual

attendance from the Association.

http://wbxpress.com/

(i) Quarantine Leave – Quarantine leave being the leave of absence from duty necessitated by

order not to attend School in consequences of the presence of infectious disease in the family

or household of a teacher may be granted such leave over and above or in continuation of

other kinds of leave for a period not exceeding 21 days or in exceptional circumstances, 30

days on submission of a certificate from Medical or Public Health Office subject to the

condition that any leave necessary for quarantine purpose in excess of this period shall be

treated as absent from the duty and his pay is not intermitted.

List of infectious diseases for the purpose of the Clause is given below:-

(i) Small Pox (ii) Scarlet fever (iii) Plague (Bueekmonic or Bubionic) (iv) Typhus

and (v) Cerebro-spinal meningitis.

5. Teachers appointed on deputation against deputation vacancy or purely temporary basis

are entitled to enjoy casual leave for a period of proportionate to their service in the relevant

calendar year.

6. Prefixing or suffixing of holidays –

Leave other that casual leave may be prefixed to Sundays / holidays / vacations, as the case

may be, but intervening Sundays / holidays / vacation shall be counted alongwith the relevant

leave.

7. Sanctioning Authority –

(i) The concerned Sub-Inspector of Schools shall be the authority for sanctioning casual leave

to teachers in Primary Schools maintained by the Council in the Districts. The Council shall be

the authority for sanctioning other kinds of leave after considering the recommendations of

the District Inspector of School (Primary Education) or an Officer authorized in this behalf,

not below the rank of Sub-Inspector of Schools. The Council shall also make necessary acting

arrangement.

(ii) A teacher shall submit leave application through the Head Teacher of his School while the

Head Teachers shall leave application through the existing Managing Committee /

Administrator of the School.

(iii) On leave application being submitted by a teacher, the Sub-Inspector of School concerned

shall draw up the salary bill of teacher including the period of leave admissible and due to the

teacher with leave statement in anticipation of the leave being sanctioned by the competent

authority.

8. Miscellaneous –

(i) No kind of leave except casual leave and medical leave can be availed without written

application and previous sanctione by the comepetent authority except under very

exceptional circumstances which should be explained in writing to the satisfaction of the leave

sanctioning authority. The application of casual leave, where previous sanction have not been

obtained, must, however be submitted as early as possible and in any case, not later than the

date of resuming the duties. In case of medical leave exceeding 7 (seven) days, for which no

prior applications has been made and a sanction obtained, the intimation of absence must be

http://wbxpress.com/

communicated to the leave sanctioning authority through proper channel with appropriate

medical certificate if there is delay submitting leave application in proper manner.

(ii) Any kind of leave except casual leave and compensatory leave, may be granted in

combination with or in continuation of any other kind of leave, subject to such limits, as

stated.

(iii) Leave cannot be claimed as right and the sanctioning authority reserves the right to

refuse or revoke leave of any description, if, in the opinion of the authority, the exigencies of

the circumstances so demand.