West Bengal Primary Teachers Transfer Rules
Government
of West Bengal
School
Education Department
Primary
Branch
NOTIFICATION
No.
809-SE(Pry), Date: 15th July, 2002
In
exercise of the power conferred by the sub-section (1) and clause (K) of
sub-section (2) of
section
106 of the West Bengal Primary Education Act, 1973 (West Bengal Act XLIII of
1973)
(hereinafter
referred to as the said Act), the Government is pleased to make the following
rules.
The rules will be in suppression of all previous rules and will come into
effect
immediately.
RULES
1. Short title and application:
(1)
These rules may be called the West Bengal Primary Education (Transfer of
Teachers
including
Head Teacher) Rules, 2002.
(2)
These rules shall apply to Teachers including Head Teachers for the purpose of
transfer
from
one primary school to another within the jurisdiction of a Council.
2. Definitions:
In
these rules, unless the context otherwise requires.
(a)
“The Act” means the West Bengal Primary Education Act, 1973 (West Bengal Act
XLIII of
1973);
(b)
“Board” means the West Bengal Board of Primary Education established under the
Act;
(c)
“Council” means a District Primary School Council established under the Act;
(d)
“Head Teacher” means the teacher of a Primary School appointed as a Head
Teacher of the
Primary
School by the Council;
(e)
“Primary School” means a School or a department of a School set up under the
Act;
(f)
“Teacher” means a person who holds a teaching post in a primary school or in a
junior
basic
school, appointed on a regular and whole time basis and is paid wholly from the
funds
under
the control of the State Government in the School Education Department.
3. Roll Strength of a Teacher
A
Primary Teacher under the jurisdiction of the Council ordinarily will have one
teacher for
every
forty pupils or part thereof, not being less than twenty in a hilly, forested
or other thinly
populated
area. A second teacher may be admissible when the roll strength exceeds sixty.
A
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third
teacher may be admissible when the Roll strength exceeds one hundred.
Similarly, a
fourth
teacher may be admissible when the Roll strength exceeds one hundred forty and
so on.
But
in no case a primary school is to have less than two teachers.
4. Condition for Transfer
A
Council may –
(a)
On its own motion, or
(b)
On an application from a teacher, transfer approved teacher within its
jurisdiction from
one
primary schools to another primary schools on the condition that such approved
teacher
is
confirmed and has completed minimum two years of continuous service both in
case of
mutual
or single transfer;
Provided that the Council may, if it considers necessary for
proper utilization of service of a
primary teacher in the interest of education, transfer and
approved teacher without maintaining
any time limit of service;
Provided further that where there is a surplus teacher according
to Roll strength as stated in rule
3, the Council may, on its own motion, transfer such approved
teacher without maintaining any
time limit of service by way of rational adjustment of teacher in
a primary school having deficit
teacher in the following order of preference:
(i) A primary school without an approved teacher,
(ii) A primary school having a single teacher, and
(iii) Other primary school having shortage of teacher.
5. Procedure for Transfer
(1)
A teacher seeking transfer under clause b of rule 4, shall submit his
application for transfer
with
reasons thereof to the concerned Sub-Inspector of Schools during the month of
December
of each year and the concerned Sub-Inspector of Schools shall subsequently send
such
application with his specific views to the respective Council by January of the
Succeeding
year.
(2)
Subject to sub rule (3) the Council shall consider such application and take a
decision in
respect
of transfer by February and March of each year. Every transfer order shall be
effected
either
at the end or at the beginning of the academic year.
Provided that if it is considered expedient to do so by the Council
under a exceptional
circumstances the application for transfer may be considered at
any time with the approval of
the Board.
(3)
The Council may, while processing the application for transfer of approved
teachers,
consider
the applications of such teachers as stated below on the priority basis
according to
the
following order of preference, namely:
(a)
A physically handicapped teacher having more than fifty percent of
handicappedness
of such teacher possessing a supporting document issued by the
competent
authority;
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(b)
A female teacher who has to face serious inconvenience in attending the school
regularly
due to her present place of posting;
(c)
A teacher suffering from acute incurable disease like cancer, kidney element
etc.
and
such teacher possessing a supporting document issued by the competent
authority;
(4)
After considering the application for transfer of an approved teacher, the
Council may
accept
or reject the application for transfer and such decision of the Council shall be
final.
(5)
If the application of the approved teacher is accepted, the Council shall issue
an order of
transfer
under the signature of the Secretary of the Council and such order shall be
communicated
to the teacher and other concerned forthwith.
(6)
On receipt of the order of transfer, the Sub-Inspector of School s of the
concerned Council
shall
immediately issue release order in favour of the teacher, so transferred, with
a direction
the
new place of posting.
(7)
The concerned teacher shall after receiving the release order, join the new
place of posting
as
directed under sub-rule 6. A transferred teacher shall be entitled to the
joining time as
stated
under rule 7 depending upon the distance between two schools by normal route.
(8)
The transferred teacher shall at the time of joining new place of posting
submit a joining
report
to the concerned Sub-Inspector of Schools who shall endorse a copy of the
joining
report
to the Secretary to the Council.
6. Bar to Transfer
(1)
No teacher shall be eligible to apply for transfer for a period of five years
from the date of
transfer.
(2)
No teacher shall be eligible for transfer if he attains the age of fifty seven
years.
(3)
No prayer of transfer shall be entertained for next five years if the transfer
order is not
carried
out by an approved teacher in whose favour a transfer order is issued.
7. Joining Time
A
teacher while carrying out the order of transfer shall be entitled to joining
time as specified
below
namely:
DISTANCE BETWEEN TWO SCHOOLS BY NORMAL ROUTE JOINING TIME
Up
to 8 Kms Nil
Above
8 Kms to 30 Kms 1 (one) day
Above
30 Kms but under 150 Kms 2 (two) days
Above
150 Kms 3 (three) days
8. Inter Council Transfer
In
case of inter council transfer the Council shall follow the principles and
procedures of the
board
in accordance with the provision conferred by the clause (K) of section 19 of
the Act.
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9. Disciplinary Proceedings
Where
a teacher fails to comply with an order of transfer made under these rules,
disciplinary
proceedings
against such teacher may be initiated.
10. Appeal
(1)
A teacher aggrieved by an order of transfer may, within 30 days of the date of
receipt of
such
order, prefer an appeal to the Board.
(2)
Such an aggrieved teacher shall, before preferring any appeal against as order
of transfer
under
these rules, be required to comply with the order of transfer.
(3)
The Board may dismiss the appeal or pass an order directing the Council to
modify or
reverse
its decision, and the Council shall comply with such order.
11. Interpretation
If
any question arises relating to the interpretation of these rules, the Council
shall refer the
matter
to the Board and the decision of the Board shall be final.
By
the order of the Governor
Sd/- D. Basu
Special
Secretary to the Govt. of West Bengal
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