Professional Rights

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1. Appointments:

As mentioned on Page No. 35, CHAPTER-(VII) of CBSE Bye Laws under title “SERVICE RULES FOR EMPLOYEES”, Clause 25 under sub title “Appointments”, point (1) it is mentioned as:

  • All Appointments to all categories of employees except Group “D” employees as per Government of India gradation shall be made by Managing Committee either by direct recruitment or by promotion through a Selection Committee constituted by the School Society/ Trust/# Company Registered under section 25 of the Companies Act, 1956 and in accordance with and upon such conditions as the Managing Committee may decide, which shall be consistent with the norms of the Board/Government if statutory provision exists.
  • Appointment of Group “D” employees will be made by the Principal through constituted Selection committee.

As mentioned on Page No. 16, Clause 10, sub clause 3. Under the title “Staff and Service Conditions” it is mentioned that:

  • The school should have well defined conditions of service as per norms of State/U.T. Government and should issue letters of appointment to the employees at the time of joining service.

2. Probation period :

As mentioned on Page No. 16, Clause 10, sub clause 3. Under the title “Staff and Service Conditions” it is mentioned that:

  • The period of probation should normally be one year extendable for another year. In case the management is not satisfied with the performance, the same may should be brought to the notice of the employees concerned in writing.
  • Probation should not be extended beyond two years and the Management should arrive at a decision to confirm the teacher or not before the end of the probationary period.

As mentioned on Page No. 37, Clause 27, Under the title “Probation” it is mentioned that:

  • Except in the 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 extended by the Managing Committee by a further period not exceeding one year.
  • Services of an employee during probation may be terminated by the Managing Committee without assigning any reason by giving one month’s notice in writing or one month’s salary including all allowances.
  • If an employee desires to be relieved during the period of probation, it will be necessary for him to give one months’ notice in writing or one month’s salary including all allowances unless and otherwise the Managing Committee permits relaxation under special circumstances.

3. Confirmation:

As mentioned on Page No. 37, Clause 28 of CBSE Bye Laws under title “Confirmation”:

  • If the work and conduct of an 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 fulfills the other requisite conditions.
  • The employee shall be informed of his confirmation within 3 months of the completion of probation period.
  • If any employee at any time after confirmation intends to resign he/she shall give three months’ notice in writing or three months’ salary including all allowances to the Managing Committee.

4. Payment:

As mentioned on Page No. 10 sub clause (v) of CBSE Bye Laws:

  • The schools in India must pay salaries and admissible allowances to the staff not less than the corresponding categories of the State Government schools or as per scales etc. prescribed by the Government of India $ or as per the conditions laid down by the State Government.

Also as mentioned on Page No. 12 sub clause (iv) of CBSE Bye Laws:

  • Teaching & non-teaching staff are appointed on prescribed pay scales and no staff are appointed on consolidated pay. They are also paid DA & admissible other allowances as per Central of respective State Govt. rates.

5. Staff and Service Conditions

5As mentioned on Page No. 16, Clause 10, under the title “Staff and Service Conditions” it is mentioned that:

  • sub clause 2
    Salary should be paid through Account Payee Cheques drawn on a scheduled bank, from the date of first appointment of the teachers on probation.
  • Sub clause 4 states that-
    The school should have Contributory Provident Fund (CPF) and Gratuity or Pension, Gratuity and General Provident Fund as retirement benefits.

These schemes should be as per Government rules of the State/Centre.

In addition, it will also consider providing other welfare measures like:

  • free children education
  • leave travel concessions (LTC)05
  • medical benefits
  • leave encashment etc.
  • Sub clause 5 states that- (pg. no. 16 & 17)
  • Normally a teacher should be engaged as a whole time employee except in special cases where work load does not justify a whole time teacher.
  • No teacher teaching the Secondary, Senior Secondary classes shall be required to teach more than ¾ of the total periods in a week.

Sub clause 8 states that- (pg. no. 17)

  • The Management of the schools shall not retain the original degree /
  • diplomas certificates of the teachers and other employees of the school
  • with them. The original certificates etc. taken for verification shall be
  • returned at the earliest after verification.

Sub clause 9 states that-

  • Check gender specific violence, strictly comply with the guidelines and norms prescribed by the Hon’ble Supreme Court of India in the Writ petition (Criminal) no. 666-70 of 1992 Vishaka and others V /s State of Rajasthan and others delivered on 13-8-1997 for protection of women from sexual harassment at the work place.

6. Working Days and Working Hours

As mentioned on Page No. 38, Clause 31 of CBSE Bye Laws under title “Working Days and Working Hours.”:

  1. The working days and holidays will be as per State Government Schools or Kendriya Vidalayas.
  2. The working hours will be such as may be specified from time to time by the Principal.
    Normally the working hours will conform to the Kendriya Vidyalayas.
  3. Working hours may be different for teaching and non-teaching staff as may be specified by the Principal.
  4. 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.
  5. An employee is also required to conduct and organize co-curricular programmes and perform other duties even beyond the normal working hours.

7. Number of Teaching periods:

As mentioned on Page No. 38, Clause 32. of CBSE Bye Laws under title “Number of Teaching periods.”:

  1. Normally a teacher should be engaged as a whole-time employee except in special cases because of the nature of a subject where the work load does not justify a whole time teacher.
  2. Every teacher shall devote in a year not less than 1200 hours to the teaching of students out of which not more than 200 hours may be required to devoted for the coaching in the school premises, of weak or gifted students, whether before or after the school hours.
  3. Provided that any teacher is required to devote more than 1200 hours to the teaching of students, extra remuneration shall be paid to him at such rate as may be determined, by the managing committee, for every hour in excess of 1200 hours devoted by him to the teaching of students.

8. Maintenance of Record by the Teacher.

As mentioned on Page No. 39, Clause 33. of CBSE Bye Laws under title “Maintenance of Record by the Teacher.”:

  1. A teacher is expected to maintain the following documents and also any other record as maybe specified from time to time.
  1. Attendance Register of the class for which he/she is the Clads Teacher.
  2. Personal Log book and Class Log Book, Programme of Instruction and Lesson Plans.
  3. Cumulative result of his class.
  4. Attendance Diary of optional subjects in case of teachers teaching such optional subjects.
  5. Stock Register of properties held by him/her.
  6. CRB (Cumulative Record Book) of the class for which he/she is a class teacher.
  7. Fee collection book if the class.

9. Attendance of Employees

As mentioned on Page No. 39, Clause 34. of CBSE Bye Laws under title “Attendance of Employees.”:

  1. 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.
  2. An employee who has not signed the attendance register as above is and liable to be considered absent from duty for that date.

10. Contributory Provident Fund-Pension Scheme

As mentioned on Page No. 40, Clause 35. of CBSE Bye Laws under title “Contributory Provident Fund-Pension Scheme.”:

  1. Employees except those employed in temporary vacancies and on part time service, will be required to become members of the Contributory Provident Fund Scheme as required under the employees ‘Provident fund and Miscellaneous Provision Act, 1952 or shall be eligible for pension and gratuity, if adopted by the school.
  2. Those eligible for pension shall contribute to GPF as per Government Rules.

11. Permission to add Qualifications

As mentioned on Page No. 40, Clause 37. of CBSE Bye Laws under title “Permission to add Qualifications.”:

  1. No teacher shall be permitted to apply for adding qualifications before completing two years service.
  2. Individual cases duly recommended by the Principal may be considered when due by the Managing Committee as also under special circumstance before completion of 2 years.

12. Application for another Post

As mentioned on Page No. 40, Clause 38. of CBSE Bye Laws under title “Application for another Post.”:

  1. No. member of the staff shall apply for employment elsewhere without notifying through the Principal in writing to the S.M.C. which may grant such permission.
  2. At the same time of appointment each candidate will be required to declare particulars abut all other applications he/she might put in for jobs.

13. Private and other Tuitions

As mentioned on Page No. 40, Clause 39. of CBSE Bye Laws under title “Private and other Tuitions.”:

  1. No staff member shall undertake private or any other tuition.
  2. Group Tuition in the School shall not be allowed.

14. Leave

As mentioned on Page No. 40, Clause 40. of CBSE Bye Laws under title “Leave.”:

  1. Every employee shall be entitled to such leave as are admissible to the employee of a corresponding status in Government schools.
  2. Encashment/accumulation of leave shall also be allowed as per Govt. rules.

15. Grant of Leave

As mentioned on Page No. 41, Clause 41. of CBSE Bye Laws under title “Grant of Leave.”:

  1. Leave cannot be claimed as a matter of right.
  2. Grant of any leave shall depend on the exigencies of the institution and shall be at the discretion of the Principal/Manager.
  3. Except in unavoidable circumstances, applications for leave in writing shall be made in advance, a letter or a phone message giving 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 leave will not mean sanction, until and unless the leave is sanctioned by the sanctioning authority.

16. Code of Conduct for employees

As mentioned on Page No. 41, Clause 42. of CBSE Bye Laws under title “Code of conduct for employees.”:

1. Every employee shall be governed by the Code of Conduct. The following acts shall constitute breach of code of conduct.

  1. Habitual late coming and negligence of duty.
  2. Use of abusive language, quarrelsome and riotous behavior.
  3. Insubordination and defiance of lawful order.
  4. Disrespectful behavior, rumour mongering and character assassination.
  5. Making false accusations or assault either provoked or otherwise.
  6. Use of liquor or narcotics on the school premises.
  7. Embezzlement of funds or misappropriation of school property or theft or fraud.
  8. Mutilation/destruction of school records and property.
  9. Conviction by a court of law for criminal offence.
  10. Possession in school premises of weapons, explosives, and other objectionable materials.
  11. Indulging in or encouraging any form of malpractice connected with examination or other school activities.
  12. Divulging confidential matters relating to school.
  13. Obstructing other members of the staff from lawful duties and indulging in any sort agitation to coerce or embarrass the school authorities.
  14. Carrying on personal monetary transactions among themselves, with the student and/or with the parents.
  15. Taking active part in politics.
  16. Propagating through teaching lessons or otherwise communal or sectarian activity.
  17. Making sustained neglect in correcting class work or home work.
  18. Taking private tuitions without permission of school authorities.
  19. Organising or attending any meeting during school hours except when he is required or permitted by the Head of the school to do so.
  20. Absenting from work even though present in the school premises or absent without leave.
  21. Preparing or publishing any book or books commonly known a keys or assist whether directly or indirectly in their publication or as a selling agent or canvasser for any publishing firm or trader.
  22. Asking for or accept, except with the previous sanction of the society, any contribution or otherwise associate himself with the raising of funds of any kind or make any collection whether in cash or in kind, in pursuance of any object whatsoever, except subscription from the members of any association of teachers.

2. 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 times should be an inspiration of the youth committee to their care. The teacher shall attend to his duties with care and commitment, be punctual in attendance and dutiful in respect of class room 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 the rules and regulations of the school and carry out the lawful orders and also show due respect to the constituted authorities.

3. The following shall not be deemed as a breach of the code of Conduct.

i) To appear at an examination to improve his qualifications with the Permission of the employer.

ii) To become, or to continue to be a member of any religious, literary, scientific or professional organisation or cooperative society.

iii) To organise or attend any meeting outside the school hours subject to the condition that such meeting is held outside the school premises.

iv) To make an representation to the management for the redressal of any bonafide grievance, subject to the condition that such representation is not made in rude or indecorous language.

17. Service Books and Confidential Rolls

As mentioned on Page No. 42, Clause 43. of CBSE Bye Laws under title “Service Books and confidential Rolls.”:

  1. Service Book containing factual record of the employee, salary scale, increments, promotion, 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/U.T. concerned. The signature of the employee shall be obtained for entries in the Service Book. Service Book should duly attested by the Head of the school in the case of employees and by the person authorized/the Manager / Secretary / correspondent in the cases of Head of the institution.
  2. 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 the 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.
  3. Confidential rolls should be maintained in the form prescribed by the Education Department of the State/U.T. concerned and should be kept confidential. Any adverse entry in the confidential roll should be communicated to the employee concerned. The employee concerned may represent against the adverse entry. The representation will be considered by the next higher authority and if the higher authority is satisfied that the adverse entry is not justified the same shall be expunged from the ACR.
  4. Personal files shall be maintained by the school for each employee. The original certificate / degrees shall be returned to the employees after verification and Photostat copies kept in the personal files. School Authorities should not keep the original certificate with them.

18. Disciplinary Procedure

  • Not fulfilling the Duties may result in –
    • Suspension
    • Minor Penalties
      1. Censure
      2. Recovery from pay, the whole or any part of any pecuniary loss
        caused to the school by negligence or breach of orders:
      3. Withholding of increment of pay.
  • Major Penalties
    1. Reduction in rank;
    2. Compulsory retirement
    3. Removal from service, which shall not be a disqualification
      for future employment in any school run by the Society.

19. Procedure of Imposing Minor Penalty

As mentioned on Page No. 46, Clause 46. of CBSE Bye Laws under title “Procedure of Imposing Minor Penalty.”:

  • No order in cades of minor penalty shall be made except after informing the employee of the proposal to take action against him/her and the allegation on which such action is proposed to be taken and except after giving to the employee an opportunity to make any representation against the proposed action.

20. Procedure of Imposing Major Penalty

As mentioned on Page No. 46, Clause 47. of CBSE Bye Laws under title “Procedure of Imposing Major Penalty.”:

  • No order imposing on any employee any major penalty shall be made except after an inquiry is held as far as may be, in the manner specified from page no. 46 to 47 of CBSE Bye Laws.

21. Termination of Services Due to Abolition of Posts etc.:

As mentioned on Page No. 37, Clause 29 of CBSE Bye Laws under title “Termination of Service Due to Abolition of Posts etc.”:

  • If an employee at any time after confirmation intends to resign he/she shall give three months’ notice in writing or three months’ salary including all allowances to the Managing Committee.
  • The Managing Committee shall also be competent to terminate the services of a confirmed employee only in case of abolition of a post due to closing down of school, a class or reduction in the number of selections of a class or discontinuance of a teaching subject by giving three months’ notice in writing or three months salary including all allowances.

22. Payment Of Pay And Allowances On Reinstatement

As mentioned on Page No. 47, Clause 48 of CBSE Bye Laws under title “Payment of Pay and allowances on Reinstatement.”:

  1. When an employee who has been dismissed, removed or compulsorily retired from service is reinstated as a result of appeal or would have been so reinstated but for his retirement on superannuation while under suspension preceeding the dismissal, removal or compulsory retirement as the case may be, the Committee shall consider and make a specific order:-
    1. 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
    2. Whether or not the said period shall be treated as the period spent on duty.
  2. Where the committee is of opinion that the employee who had been dismissed, removed or compulsorily retired from service has been fully 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, removal or compulsory retirement from service, as the case may be: Provided that where the Committee is of opinion that the termination of the proceedings instituted against the employee had been delayed due to reasons directly attributable to the employee, it may, after giving a reasonable opportunity to the employee to make representation, if any, made by the employee, direct, for reasons to be recorded 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 allowance 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 proviso to sub-rule 48(2) shall not be less than the subsistence allowance and other admissible allowances.

23. Retirement

As mentioned on Page No. 38, Clause 30 of CBSE Bye Laws under title “Retirement.”:

  • Every employee including Head of the Institution shall retire from service on attaining the age of 60 (Sixty).
  • However if the age of superannuation falls during the academic session, the concerned employee will retire at the end of the academic session.
  • 23If employee is a recipient of National /State/CBSE Teachers Award then he may be considered for a further extension of service for two years after attaining the age of superannuation provided he is medically fit and is prepared to serve the school.