If any <iuestio~arises as to interPretation ofthese rules, the same shall be referred to' the Government, whose decision thereon shall be fmal.
,~6. Repeal and ,Saving.-TheMadhya Pradesh Panchayat Samvida Spala Shikshak (Appointment and Conditions 'ofService) Rules, 2001 and other rules corresponding to these rules in "forceimmediately before the commencement of these 'rules shall stand rep~aled \Vitb.effect from the date ,onwhich these rules come into force:
'Provided that the orders make or the action taken under the rules so repealed shall be deemed to have been made or taken under the corresponding provisions of these rules.
1 Clause (d) ~ubstituted by NO.4 '(27-6-2011].
(PR)482 PAN. SAM. SHALA SHIKSHAK (EMPLOY ... .) RULES, 2005 lSCHEDULE • I Classification & Remuneration of Sainvida Shala Shikshak , [Rule 2 (f)and Rule 5] S. No.
( 1)
1.
2.
3.
Classification of Samvida:Shala Shikshak
(2) Grade -1 Grade -2 Grade -3 Remuneration Contract
(3) Rs.9,000.00 Rs. 7,000.00 Rs. 5,000.00 EmplOying Authority
(4) Zila Panchayat Zila Panchayat Janpad Panchayat.
2SCHEDULE . II Age, Qualifications, Disqualifications and Appeal Committee for Samvida Shala Shikshak [See Rule 2(b) and Rule 6(4)(8)(c)]
(5) , I .
Educational QualificationsMaximum Age
(4) 40 years Masters. degree in the relevant subject with bachelor of Education (B.Ed.)or its equivalent.
40 Bachelors degree in the .
. years relevant subject and 2 years --diploma. 'in---Elem-eutaty--_ - Education or its equivalent.
,i Minimum Age
(3) 21 years 21 years Classification of Sam., VidaShala Shikshak
(2) Grade - 1 Grade - 22.
SI No.
(1)
1.
OR Bachelors degree in the relevant subjectWith at least 50% marks and Bachelors Degre~in Education (B.Ed.)
,i OR 1 Sch. I subs., by NO.6(17-1-2014J. In past, it was amended by NO.2(13-10-2008] .
. 2 As amended subsequently by No. 1 (24-4-2008J; by NO.2 (13-10-2008]; by No.3 (4-1-2010]; by No. 4 (27~6-201l]; & by No.6 (17-1-2014).
PAN. SA}vf. SHALA SHIKSHAK (EMPLOY ... .) RULES, 2005 (PR)483 ( 1) (2) (3) (4) (5) Bachelors degree in. the ;
relevant subject with at least 45% marks and Bachelor Degree in Education (B.Ed.)
in accordance with the NCTE (Recognition Norms and Procedure) Regulations, issued from time to time in this regard.
OR Higher Secondary Certificate Examination with at leas t 50% marks and Bachelor Degree in Elementary Education (B.El.Ed.).
OR Higher Secondary Certificate Examinationwith at least 50% marks and 4 years Bachelor Degreein the relevant subject : ..:- -. -- ., .... :"----: : -, _. - - -(B.A.- B.Ed.IB.Sc. H.Ed.). - :--co -, ... - --- - --- _._ .. - OR-,, Bachelor Degree in the relevant subject with at least 50% marks and Bachelor Degree in Education (Special Education).
3. Grade - 3 18 40 Higher Secondary Certificate ______y~~_~._._._y~ar~_. ~~~!!l~~o~_ ~J4~~_l~~~t _ 50%marks (orits equivalent) and 2 years~ Diploma in .Elementary Education.
OR Higher Secondary Certificate Examination with at l'east 45% marks (or its equivalent) and 2 years D~plom~ in ;Elementary Education in. accordance with. the NCTE (Recognition Norms and Procedure) Regulations, 2002.
OR- " .
(PR)484 PAN. SM!. SHALA SHIKSHAK (EMPLOY.... J RULES, 2005 i I .
(4)(3) (5) Higher Secondary. Certificate Examination with at least 50% marks (or its equivalent) and 4 years Bachelor in Elementary Education (B.E1.Ed.) .
OR Higher Secondary Certificate Examination with at least 50% marks (or its equivalent) and 2 years in Diploma in Education (Special Education).
OR Bachelor Degree and 2 years Diploma in Elementary Education or its equivalent.
SCHEDULE - II - Contd.
(2). (J) Ii j - .-1 7 Remarks .;
6 Member ofAppeal Committee .
For objections received in rela- The minimum qualification for tion to the provisional select Samvida Shala Shikshak list issued by the Zila Grade-l (Sanskrit) of Sanskrit Panchayat :.; School shall be Acharya de-.
1. Chairman, Education Com- gree in II division in Sanskrit mittee Zila Panchayat Literature/ Grammar etc.
. ' -Chai~an. from re.cognised Institution/ !
.' UniversIty. . :2. Allmembers of Education : . , _ Committee, Zila Panchayat.
-Members.
3. Chief Executive Officer, Zila Panchayat ..
-Member Secretary.
4. District Educational Officer. -Member.
5. Assistant CoIPIIlissioner. i Tribal Welfare. '-Member.
1
1..
S1. No.
i 1 I I i'i - i I 1/;
I .1 PAN. SAM. SHALA SHIKSHAK (EMPLOY .... J RULES, 2005 (PR)485 1
2.
6 For objections received in.relation to the' provisional select list issued by the Zila Panchayat :-
1. Chairman, Education Committee, Zila Panchayat.
-Chairman.
2. All members of Education Committee, Zila Panchayat.
- Members.
3. Chief Executive Officer, Zila Panchayat.
-Member Secretary.
4. District Education Officer.
~Mem' er.
5. Assistant Commissioner, Tribal Welfare .
'7 The minimum qualification for Samvida Shala Shikshak Grade-2 (Sanskrit) of Sanskrit School shall be Shastri degree in II division in Sanskrit Literature/ Grammar etc.
from recognised Institution/ University. .
;
-Member.
3. For objections received in 1. The minimuin qualifiCation ___._r~I~~ioIl.t9.tJ:.1~~t:ovisiof.l~ .for_~~~c!~--=~I:t~~ S_h~~p:*- - _..... .
select list issued by the Jan:" Grade-3 (Sanskrit) of Sanskrit .
pad Panchayat :- Scpool ~h.all be. Uttar Mad-
1. Chairman, Education Com_,hyama in Sanskrit Literamittee, Janpad Panchayat. tur-e/Grammar et~. from -Chairman. recognised Institution/Board.
2. All members of Education 2. The minimum qualification Committee, Janpad . for SamVtda Shala Shikshak Panchayat. -Member. Grade-3 .(Music/Tabla
3. Sub-Divisional Officer, . teacher) shall De Certificate in (Revenuef. -.--- - -=Meiiiber:-----M t usic fr.om-recogntsedinstltu--------- _.------ _' ion.
4. Chief Executive Officer, Janpad Panchayat.
-Member Secretary.
5. District Education Officer or his nominee who is not below the rank of Block Education Officer ..
. -Member ..
6. Assistant Commissioner, Tribal Welfare or his nominee who is not below the rank of Block Education Officer.
-Member.
3. The minimum qualification for Samvida Shala Shikshak Grade-3 (Physical Instructor) shall be Certificate of Physical ' Education from any recognised Institution in apdition to Higher Secondary Certificate .Excijnina,tlpn.
1 . .
4. The minimum qualification for Samvida Shala Shikshak Grade':3 (Laboratory) shall be Higher. Secondary Certificate -Exailrlnatlon with at least -50016 marks with Science subjects or equivalent.
I I.
I '.j rClause (1) omitted by Nq. 4 (27-6-2011).'
Clause (3)omitted by No.6 (17-1-2014). Before omission which was as under:- "(3)Women candidates shall have ten years' relaxation in maximum age limit inaddition to other relaxations." .
Clause (4) substituted by No.4 (27-6-2011).
Clause (9) omitted by No~6 (17-1-2014). Before omission'which was as under:- "(9)Widowand Divorcee candidate shall have fiveyears relaxation in maximum age limit in addition to other relaxation."
Clauses (9) to (11) added by No. 4 (27-6~20ll).
Note.-(a) Quali.fications :_
(1) I[X x x]
(2).The relaxation in maximum age limit in respect of Scheduled Caste, Scheduled Tribe and Other Backward' Classes or any . other class shall be according to Government rules in force at the time of employment. .
(3) 2[x x xl 3[(4) The Honorary Teachers appointed for Government schools and part time teacher ofVocational Education shall be given fifteen years relaxation in maximum age limit of 35 years:
Provided that part time teacher of Vocational Education whose contract was terminated due to his work being found unsatisfactory will not be entitled for this relaxation.]
(5)The candidate who have worked as Samvida Shala Shikshak and who apply fresh for employment as Samvida Shala Shikshak, _ shall be entitled to relaxation in maximum age limit to the extent of the period, they have worked previously as Samvida Shala Shikshak. On this basis, the relaxation shall be to a maximum of nine years. Provided their contract was not terminated due to their work being found unsatisfactory.
(6)DailyWageWorkerswho are eitherworkingor retrenched byGovem- .ment, shall have relaxation in maximum age limit equivalent to the period ofservicerendered by them subject to the condition that the__~ ._...
.candidate shall'not have attamed 40 ydrrs ofage. .
(7)The minimum and maximum age shall be counted with reference to 1st January of the calendar year in which the vacancies are advertised. .
(8) The educational qualification for the employment of Samvida Shala Shikshak mentioned in column (7)Remarks of Schedule - II, shall be acceptable also for other corresponding posts of Samvida Shala Shikshak.
(9).4[X x x] '. . . I ... 5[( 10) Th~ State Government shall. appoint the -persons--as"Samviaa------.---I-- Shala Shikshak possessing minimum qualification as laid . down in column (5) of Schedule II. If trained persons are not available in suffiCient number the State Government may appoint untrained persons on the post of Samvida Shala Shikshak as per provision of the rules after due notification of the Central Government under section 23(2) of the Right of . 'Children to Free and Compulsory Education Act, 2009 (No.35 of 2009).
(PR)486 PAN. SAM ..SHALA SHIKSHAK (EMPLOY .... J RULES, 2005 • I" ,.
.. 1 2 3
4.
5 PAN. SAM. SHALA SHIKSHAK (EMPLOY .... ) RULES, 2005 (PR)487
(11)The candidates who have worked as Guest Teacher in Government School for minimum three educational session, 'shall be entitled to fiveyears relaxation in maximum age limit.]
1[(12) Relaxation up to 5% in the qualifying marks shall be allowed to the candidates belonging to reserved categories, such as Scheduled Caste, Scheduled Tribes, Other Backward Classes and Persons with disabilities.]
(b)Disqualifications :-Noperson shall be entitled for employment for Samvida Shala Shikshak,-
(1)Unless he/she is a citizen ofIndia or a subject ofNepal or Bhutan;
(2) If.he/ she has been, dismissed for misconduct from servj.ce of Central Government, State Government, Zila or Janpad Panchayat or Gram Panchayat or any other local authority or a Co-operative Society or any Public Sector Undertaking under the control of Central Government or State Government;
(3) If he/she has been convicI.edof an offencewhich involves moral turpitude;
(4)Ifhe/ she has been convicted of an offence against women torture:
Provided that where such case is in pending in a court against candidate, his/her case of appointment shall be kept pending till the final decision of the Criminal Case;
(5) If he has more than one wife living. and in case of a female _ • •• o. ~C!J:?pidat~s,if she has married to a person having a wife living _already; ." - --.,- -- -- - --- ....--------..---- . .0.0_ ---- .. - --- 0----'. - .---- _. --_.---- '6) If he/she has been convicted of criminaroffence and has been punished: /
Provided that if a person has been so convicted but has been let of onlywith a warning and has not been sentenced to undergo any punishment. such conviction shall not be taken into -account;
(7)2[xx x] - .
(8) Ifhe/she is an employee of the Central Government or of the State .Government or of any local authority or ofCentral Government, - - --- -- or State Government undertaking or-of-any-Government-atded------- body. unless he/she obtains no objection certificate of his/her .employer and submits it alongwith his/her application;
(9)If he/she has more than-two living children. one of them was born . on 26-1-2001 or thereafter.
(c)The Government may giveInstructions for the Subjectwise Employ-:- ment of Samvida Shala Shikshak Grade-3 if necessary. In this case the candidate will have to hold the educational qualification shown in column
(5) ofSchedule - IIwith that particular subject.
COMMENTARY ..
. .
Schedule n.-Eligible conditions for recruitment topost ofSamvida Shala Shikshak Grade III.-The State Government amended Rules of 2005 by Notification dated 27-6-2011 and prescribed the eligibility. conditions for recruitment on the post of-Samvida Shala ~ . 1 Clause (12) added by NO.6 [17-1-2013).
2 Clause (7) omitted by NO.4 [27-6-2011).
" (PR)488 PAN. SM.I. SHALA SHIKSHAK (EMPLOY .... j RULES, 2005 ,I , I I Shikshak Grades I,ll and III in conformity with the conditions prescribed by the National Counsil for Teacher Education, issued by the Cen,tral Government. The adv'Vertisement for recruitment was issued in accordance with the amended Rules. In terms of the advertisement issued for Teacher Eligibility Test, the B.Ed. was not prescribed qualific~tion. Samvida Shala Shikshaks Grade III have to impart educa-' tion to the students of Class I to Class VIII. In D.Ed. '!Coursethe teachers are specially trained to teach small children in primary classes whereas in B.Ed. Course th~ training is imparted to the teachers to teach the students ofhigher classes. Therefore, it cannot be said that teachers who hold the B.Ed. degree are suitable for appointment as teachers to impart education to the students of Class I to Class VIII. Sanyogita Thakur u.
State of M.P., 2013(2) MPW 206. " ~
SCHEDULE - III Contract Extension Committee -Chairman.
- -.._- . - - -''- , !
'--- .--"'----'_..--f-- -Chairman.
-Member Secretary.
-Member.
-Member.
-Member Secretary.
-Member.
-Member.
-Chairman.
(See Rule.g) II S. No. Classifica - Members of Contr,acttion of Extension Committeei," Samvida Shala "Shikshak .. " . ~ / ;(1) (2) (3) I 1 Grade-I, (1) Chairman of Education Com- I mittee of Zila Panchayat /.
(2) Chief Executive Officer, Zila Panchayat
(3) District Education Officer, Assistant COmmissioner jDistrict Or-.i! - - -- ganiser, Tribal Welfare Deptt.
,
(4)TwoMembers nominated by Education COmmittee of Zila Panchayat.
2. Grade-2 (1) Chairman of Education Committee of J.anpad Panchayat.
(2) 9hief Executive Officer,Janpad Panchayat. ,\ ' .
(3) Block Education Officer.
. (4)Two Members nominated by EducationComm1ttee of Janpad Panchayat.
3. Grade-3 (1) Chairman of Education Committee of J anpad Panchayat.
Ii !H i' III-I' -Member.
-Member Secretary.
-Member.
" - j 1 I if , .'
.f I !
. I I PAN. SAM. SHALA SHIKSHAK (EMPLOY .... J RULES, 2005 (PR)489
(2) Chief Executive Officer, Janpad Panchayat.
(3) Block Education Officer.
(4) Two Members nominated by Education Committee of J anpad ...
Panchayat. ? I Note.-l. If none of the persons in item No. (1), (2) and (3) of column No. (3) against serial number 1, 2 and 3, belongs to Scheduled Cas- . tes/Scheduled Tribes, one of the members against item No. (4) in Column No. (3) shall be nominated from these categories. \
2. If none of the persons in item No. (1), (2) and (3) of <;olumn No. (3) against serial number 1, 2 and 3, is a woman, one of the members against item NO.4 in ColutTIn No. (3) shall be a woman.
SCHEDULE. IV l[X X X] APPENDIX Form of Contract .. ,. '.... . [See Rule 6.(l2)L---~. __..:_' =- .. _._: __ ._. _ This Contract made on the : day of between Shri (hereinafter called the "Samvida Shala Shikshak Grade - 1/ Grade - III Grade - III")on the one part and of the for and on behalf of the on the other part.
Whereas the (name of Panchayat) has .agreed for employment of the candidate as "Samvida Shala Shikshak Grade- 1/ Grade -II/ Grade - III ..~.,.., (name of School) from the day" of (year) on the following terms and conditions in addition to the conditions provided in the Madhya Pradesh Panchayat Samvida Sheila .
Shikshak (Emproyment-and-eonaitions-ef-:contract)-Rules, -2005;--. --~---.-.-. ..- N<)'w it is agreed between the parties as follows:-
(1) The shall employ and the Samvida Shala Shikshak Grade - 1/ Grade - II/ Grade - III shall serve the as ............ from the day of .
(2) The Samvida Shala Shikshak Grade -. 1/ Grade - II/ Grade - III shall serve the for the period of years from the .......... day of subj e'Gt to earlier termination as hereinafter provided. ' .
(3) The Sarnvida Shala Shikshak Grade - if Grade - 11/ Grade - IIIwill devote his/her whole time to the duties of the service and will not engage directly or indirectly in any trade, business or occupation on his/her ov.n account and will not (except in the .
case of accident or sickness certified by the competePlt medical authority) absent himself/herself from his/her duti~s without.
having first obtained permission from the'. Chief Ex- 1 Sch. IV omitted by NO.4 [27-6-2011). , f.PR)490 PAN. SAM. SHALA SHIKSHAK (EMPLOY. ...) RULES, 2005 .ecutive Oft1cerof the Zila/Janpad Panchayat.
(4)The Samvida Shala Shikshak Grade - 1/ Grade - II/ Grade - IIIwill not bE transferred from his/her place of posting and he/she shall make his/her place ofposting as his/her headquarter.
(5)This contract may, at any time during the continu~nce thereof, be terminated by either party givingto the other party at least one calendar month's notice in writing. to that effect. Any such . notice given by or on behalf of the Zila/Janpad Panchayat shall be deemed to be sufficient, if addressed to the Samvida Shala Shikshak Grade - II Grade - II/ Grade - III and sent by registered post to his/her last known place of residence:
Provided that. the services of the Samvida Shala Shikshak Grade _ 1/ Grade - II/ Grade - IIImay be terminated without notice and the Samvida Shala Shikshak Grade - 1/ Grade - II/ Grade-III shall be paid equivalent to one month's contract remuneration by the concerned Panchayat:
Provided further that if the contract is terminated by the Samvida Shala Shikshak Grade - 1/ Grade - II/ Grade - III before the expiry of the contract period without giving the requisite one month's notice, he/she shall pay one month's contract remuneration to the concerned Panchayat.
(6)The contract of the Samvida Shala Shikshak Grade - 1/ Grade _ II/ Grade ~III may at anXtiInebe terminated without any notice _,_ if the Samvida Shala Shikshak Grade - 1/ Grade - II/ Grade _ III commits any misconduct or any Willfulbreach or neglect of the terms of this contract or of his/her duties or any of the duties which may from time to time be assigned to him/her:
(7) During the term of his/her employment, the Samvida Shala Shikshak Grade - I / Grade - II/ Grade - tIl shall be paid Rs.
....... :..... per month.
(8)The Samvida Shala Shikshak Grade - 1/ Grade - III Grade - III shall not be entitled to any pensionary benefits.
- -
(9)Notwithstanding anything contained in clause (5)of this contract, it shall be lawful for the Zila Panchayat/J anpad Panchayat to terminate the contract of the Samvida Shala Shikshak Grade _ 1/ Grade - 11/ Grade-- IIIat any time during the continuance of this contract, if it is Satisfiedon the report of a duly constituted advisory Medical Board that the Samvida Shala Shikshak Grade - 1/ Grade - II/ Grade - III is -unfit, and is likely for a considerable period to continue to be unfit by reason of ill health for the discharge of his/her duties, his/her services shall be teflllinated after givingone month's notice to him/her.
In the event of such termination, the Panchayat shall not be liable to pay any compensation to the Samvida Shala Shikshak Grade - 1/ Grade - II/ Grade - IIIfor the unexpired period of the contract.
(10)The Samvida Shala Shikshak Grade - 1/ Grade - II/ Grade ~III shall, while travelling on duty orily, be entitled to travelling allowance as per rules applicable to the Class - IIIemployees on the concerned Panchayat.
, I .
/ I,- - I I f, .
r . .
;
PAN. SAM. SHALA SHIKSHAK (EMPLOY .... J RULES, 2005 (PR)491 .. Ui) During the course of his/her employment. tl1.eSamvida Shala Shikshak Grade- II Grade - III Grade - III shall be allowed leave . in accordance with the provision of clause (d}of Rule 12 of the Madhya Pradesh Panchayat Samvida Shala Shikshak (Employment and Conditions of Contract) Rules, 2005.
(12) If the candidate does not hold on the date of Contract the Degree/Diploma/Certificate of B.Ed./B.T.C.jD.Ed., he/she shall have to submit such Degree/Diploma/Certificate during the period of this Contract failing which his/her period of Contract shall not be extended.
(I3) A Samvida Shala Shikshak's character verification shall be carried out immediately after employment. For the purpose, the Samvida Shala Shikshak sheill have to furnish information as prescribed within 15 days. If in Character Verification, anything adverse is found, this contract shall be cancelled by the Employing Authority after giving an opportunity to be heard to the Samvida Shala Shikshak.
(14) This contract shall be terminated as soon as he or she becomes the father or mother of a third living child.
(15) If an Samvida Shala Shikshak Grade - 1/ Grade - II/ Grade - III absents himself/herself from duty without due permission, or remains absent on leave exceeding the days' or period, as mentioned in rule 12, of the Madhya Pradesh Panchayat Sam- .v~daShala Shikshak(Employment and Condifions-6fContractf--- . - ------- BuIes, 2005,' an remuneration proportionate to such period shall be deducted from his/her contract remuneration:
(16) Samvida Shala Shikshak Grade - 1/ Grade - II/ Grade - III has to perform all other work/duties assigned by employing authority from time to time. .
In witness whereof the parties hereto have executed this Contract on the day of , first herein above written and sign and seal of Zila Panchayat/ J anpad Panchayat has been affixed hereto.
_IIl the_.pr~sence Qf:-:-:-. .__._ _... _._. .__.. . . _
1. (1) Signature .
2. . of the Employing Authority
(2) Signature (Name) .
of the Samvida Shala Shikshak Grade - 1/ Grade - II/ Grade - III Signed and sealed by '.
Chief Executive Officer, .
Zila Panchayat/Janpad Panchayat - j .
00000001 00000002 00000003 00000004 00000005 00000006 00000007 00000008 00000009 00000010 00000011 00000012 00000013 00000014 00000015 00000016 00000017 00000018 00000019